Noise Nazis at it Again!

On Wed, 26 Nov 2003 20:58:48 -0800, "C J Campbell"
wrote:

:
:"Orval Fairbairn" wrote in message
:news :| I just got this one off the EAA Hotline. It seems that some noise Nazis
:| in MA are trying to do an end run around the Federal preemption of
:| aviation regulations by suing individual pilots who fly near their
:| property.
:|
:
:They argue that their property rights extend up into infinity and that the
ilots are trespassing. The lawsuit is purely harassment in an attempt to
:intimidate pilots. I would be surprised if any court is even willing to hear
:the case.
:

No stranger than the County of Los Angeles trying to get property tax
on satellites in orbit, because they belonged to a company with an
operation in LA. (Not the headquarters, mind you, just one plant.)

Richard Riley wrote:
On Wed, 26 Nov 2003 20:58:48 -0800, "C J Campbell"
wrote:

:
:"Orval Fairbairn" wrote in message
:news

snip
:They argue that their property rights extend up into infinity and that the
ilots are trespassing.
No chance. Isn't this settled law?
snip

No stranger than the County of Los Angeles trying to get property tax
on satellites in orbit, because they belonged to a company with an
operation in LA. (Not the headquarters, mind you, just one plant.)

One word, Richard: California.

Of course, the DC city government can occasionally give LA county a run
for its money on zaniness.

B.S.

"Ben Sego" wrote in message
...
Richard Riley wrote:
On Wed, 26 Nov 2003 20:58:48 -0800, "C J Campbell"
wrote:

:
:"Orval Fairbairn" wrote in
message

:news ....

snip
:They argue that their property rights extend up into infinity and that
the
ilots are trespassing.
No chance. Isn't this settled law?

At common law, which has been superseded in many cases by statute, one's
real property rights extended upward infinitely. There is some question
whether FAA jurisdiction supersedes the common law.

In NC we have a case pending appeal in which a horse-trainer vet and wife
sued a local airport, calling it a nuisance which depreciated the value of
their property. Plaintiffs received judgment for $358,000, being the amount
appraisers testified the property had diminished in value. Much of the
vet's property is in the landing pattern. The airport was built after the
vet had established his farm and home.