Thread: Drone attack
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Old 08-31-15 | 10:35 AM
  #97  
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Cyclosaurus
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Originally Posted by ltxi
Not beyond 83 feet. Below that you may have violation of property rights justification.
Originally Posted by Cougrrcj
According to Federal Aircraft Regulations (FAR 91.119) Aircraft must maintain AT LEAST 1000' agl over populated areas, 500' over rural areas.
Originally Posted by dhender02
Hmmm, I thought you did own the airspace above your property. 'How far up" was debatable, but ownership of airspace over your property is not in question. For Causey vs US Government, chicken farmer named Thomas Lee Causby sued the US government for flying approximately 83 feet above his property, the noise of which caused a bunch of Causby’s chicken’s to accidentally kill themselves by running into walls. Causby won his case and the courts agreed that although a property owner wasn’t entitled to own all of the air above their land, they were entitled to enough so that planes they were entitled to enough that planes flying overhead wouldn’t kill their chickens. See case here.
It appears that drones have actually forced the FAA and NTSB to define aircraft and airspace very broadly. Essentially, any device used for flight is an aircraft (including teeny tiny toys). And anywhere that an aircraft can safely navigate (which is virtually everywhere above the ground) is airspace and under the FAA's jurisdiction. The linked article quotes an FAA representative who says this is the FAA's position.
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