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"bush flying" in the suburbs?



 
 
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  #29  
Old December 9th 04, 07:20 AM
TaxSrv
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"Peter Duniho" wrote:

I think the law is that anything below 500 is the airspace of the

private
property owner


Property owners have no right of ownership of any sort with respect

to the
airspace above their property.

Yes they do. A property owner has rights to airspace for any
reasonable use thereof under common law, where FAA's 500' reference
may be irrelevant. One example is erection of an antenna tower on
your property. FAA rules under Part 77 on obstructions apply only to
a potential obstruction to public-use airports and to otherwise
navigational airspace -- at least 500' for the latter, but not to
private strips at all. So if such a tower under 500' AGL poses a
hazard to aircraft for an adjoining private airfield, the rights of
the antenna owner's property may just be superior under common law.
Of course, to be decided in a court of common pleas, or by Judge Judy,
or at minimum a rather good "arguendo" exercise under individual State
law as to "neighbor law" in a law school class!

Fred F.

 




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