Urban flight rights
Introduction
Air rights are the property interest in "space" above the earth's surface. Broadly speaking, owning or renting land or a building includes the right to use and develop the space on the land without interference from others.
This legal concept is codified in the Latin phrase Cuius est solum, eius est usque ad coelum et ad inferos ("Whoever possesses the earth is theirs to heaven and hell"), which appears in medieval Roman law and is credited to the 13th-century glossator Accursius; It was notably popularized in common law in William Blackstone's Commentaries on the Laws of England (1766).
air travel
Property rights defined by points on the ground were once believed to extend upward indefinitely. This notion remained unchallenged before air travel became popular in the early 20th century. To promote air transportation, legislators established a public easement for transit at high altitudes, regardless of real estate ownership.[1].
New technologies have once again raised questions about the ownership of “space” and the ascending limits of national sovereignty. With the advent of space travel above Earth's atmosphere, there is often debate about how high national sovereignty extends and therefore nations can regulate transit.
In the United States, the Federal Aviation Administration (FAA) has the sole authority to regulate all "navigable airspace", exclusively determining the rules and requirements for its use.[2] Specifically, the Federal Aviation Act states that: "The government of the United States has exclusive sovereignty over the airspace of the United States" and "A citizen of the United States has a public right of transit through navigable airspace."[3] The "navigable airspace" in which the public has the right of transit has been defined as "the airspace at or above minimum flight altitudes that includes the airspace necessary to ensure safe takeoff and landing of aircraft."[4].
The exact heights at which airspace over private land can become subject to "substantial impairment" are often debated. Jurisprudence in the past has used the height of 150 m in urban or suburban areas,[5] and 110 m above the surface or tallest structure in rural areas[6] as the demarcation of where damage to property rights may occur. At that time this constituted the limits of "navigable airspace." However, most recent decisions, which have precedent, hold that takeover can occur regardless of whether the flight occurred within navigable airspace or not and only impairment of property needs to be considered.[7] This is especially important since aircraft (manned and unmanned) now have no minimum flight altitudes, making virtually all airspace "navigable."