Control of Airspace Flashcards
1
Q
Control of Airspace
A
a) Impractical to own all land below/air above (historical conception) so Big Q is what is upper limit of ownership?
2
Q
b) Geller:
A
prop owner owns only as much air space above his prop as he can practically use
i) F: scaffolding for condo construction (in air) went over prop line–>for condo
ii) Does permanence matter? Hypo : bridge across airspace?
3
Q
Causby:
A
USSC held that planes flying 83 ft came so close as to affect ∆’s actual use of the land, and thus constituted an intrusion (invasive, deprived of full enjoyment)
iv) Too hard to make a bright-line rule–>FT: this seems like balancing
