Is the air above your property yours?

Is the air above your property yours?

Ownership no longer extends endlessly into space. Today, air rights extend to the airspace above the surface that could reasonably be used in connection with the land. Airplanes soaring above your property are not trespassing because they are flying in what Congress has declared as the public highway.

Is airspace private property?

The Court ruled that the landowner “owns at least as much of the space above the ground as he can occupy or use in connection with the land.” (U. S. v. Causby at p. 264.) Everything above was navigable air space, available to the public.

Who is responsible for airspace?

Airspace is regulated by the Federal Aviation Administration. Air Traffic Controllers (ATC) are employed by the U.S. government, or by private companies that are contracted by the U.S. government, with a responsibility for safe and efficient movement of aircraft on the ground and in the air.

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At what height does the FAA begin to govern airspace?

In areas where charts do not depict a class E base, class E begins at 14,500 feet MSL. In most areas, the Class E airspace base is 1,200 feet AGL. In many other areas, the Class E airspace base is either the surface or 700 feet AGL.

Who owns the air above land?

In almost all instances the freeholder has a legal right to make use of the airspace above a property. By owning the land that the property is built on, they also own the airspace above it.

Can air rights be sold?

Just like any other surface rights, air rights can be bought, leased or sold; they can act as a price booster when selling a property.

Does the FAA own all airspace?

Federal law provides that the United States government has exclusive sovereignty of airspace of the United States; the FAA makes the plans and policy for the use of the navigable airspace; and any citizen has a public right of transit through the navigable airspace. 49 U.S. Code § 40103.

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Can states regulate airspace?

State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace. However, as indicated, they may generally determine the location of aircraft landing sites through their land use powers.