Quote:
Originally Posted by mikester
The faa asserts their control of all agl airspace.
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Quote:
Originally Posted by Porsche-O-Phile
AFAIK there are no "air rights" typically extended as part of real estate transactions and the federal government has the right to regulate air use right down to the surface.
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The FAA is
attempting to assert authority over all airspace, however Congress needs to clear up the laws IMO.
The US Surpreme Court has ruled that a property owner has exclusive control over airspace over their property up to 83 feet AGL. The only exception is when that airspace is necessary for airport operations (takeoff/landing).
So, I would say that up to 83 feet has already been decided. By the Supreme Court. (United States v. Causby)
The clarification is needed, IMO with regards to the altitude from 83 to 500' AGL.
The ruling also decided that "The air
above the minimum safe altitude of flight* ... is a public highway and part of the public domain, as declared by Congress" and "Flights below that altitude are not within the navigable air space which Congress placed within the public domain".
Per current federal regulation, the purpose of the FAA is to "develop plans and policy for the use of the navigable airspace"
14CFR 1.1 defines navigable airspace as "... airspace at and above the minimum flight altitudes prescribed by or under this chapter*, including airspace needed for safe takeoff and landing"
*What are those minimums?
14 CFR 91.119 states that, except for takeoff and landing, no person may operate an aircraft below an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
No matter what we say about the altitude of jurisdiction, this rule specifically states that "the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure."
Was the drone closer than 500' to the guy, or his house?
Sounds like it.
Was shooting it down a proper response? IMO, yes.
If you send a complaint to the FAA, they are at most going to send a cease and desist letter. And probably will do less than that. They will likely say that they cannot act until the laws are clarified and the last donut is gone from their break room.
Oh - and is a drone (or quadcopter, or RC airplane) considered an aircraft?
14CFR 1.1 defines aircraft as "Aircraft means a
device that is used or intended to be used for flight in the air. "