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In real estate, air rights are the property interest in the "space" above the Earth's surface. Generally speaking, owning or renting land or a building includes the right to use and build in the space above the land without interference by others.
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
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.
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 ...
[8] [9] Therefore, real estate traditionally has included all rights to water, oil, gas, and other minerals underground. [8] The United States Supreme Court has held that as far as air rights, "this doctrine has no place in the modern world," [10] but it remains as a source of law to this day, or "fundamental to property rights in land." [8]
In Ohio, an individual trying to take over a property would have to show exclusive possession of the property for 21 years to even have a chance in court, Chang said.
There are two main views on the right to property in the United States, the traditional view and the bundle of rights view. [6] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
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