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Airspace around a property in most of the United Kingdom is divided into the "lower stratum" and "upper stratum". The lower stratum is the area around and above a property that the owner can expect to reasonably enjoy - in other words, interference by others into this area is usually deemed an act of trespass. This can include overhanging trees ...
United States v. Causby, 328 U.S. 256 (1946), was a landmark United States Supreme Court decision related to ownership of airspace above private property. The United States government claimed a public right to fly over Thomas Lee Causby's farm located near an airport in Greensboro, North Carolina.
The U.S. Supreme Court in 1946 ruled that private property owners have exclusive rights to the airspace above their land, up to an altitude of 365 feet. [4]In the United States, the air sovereignty mission had been renamed "Air Sovereignty Alert", but in 2011 it was renamed "Aerospace Control Alert."
At common law, property owners held title to all resources located above, below, or upon their land. Cuius est solum, eius est usque ad coelum et ad inferos (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") [1] is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and ...
The nation's busiest runway.An airspace cluttered with passenger planes and military aircraft. A history of near-crashes. And a growing shortage of air traffic controllers available to manage it all.
For a coastal state, the FIR consists of the airspace above its land and sea territory plus any international airspace in respect of which ICAO has assigned responsibility to that state. [ 4 ] For instance, the United States provides air traffic control services over a large part of the Pacific Ocean, even though the airspace is international.
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Current US Code addresses air travel specifically. In 49 U.S.C. § 40103, "Sovereignty and use of airspace", the Code specifies that "A citizen of the United States has a public right of transit through the navigable airspace." A strong right to freedom of movement may yet have even farther-reaching implications.