Who Owns the Air?

During the past month, I and other people that live near me in New Jersey, have seen mysterious objects flying across the night sky. While the federal government says they are a non-worrisome mix of drones, small planes, helicopters, and stars, our concern remains.

We can even ask, who owns the sky above our homes.

Drones’ Air Rights

An answer takes us to a North Carolina farm in 1946. At the time, Thomas Causby’s land was located near an airport used by the U.S. military. With planes constantly taking off and landing, the problem was the noise and the landing lights that lit up the farm at night. At 83 feet above the respondents’ property, 67 feet above the house, 63 feet above the barn, and 18 feet above the highest tree, the planes would “swoop down so close to the house that it seemed they were taking the roof off.” Reacting to the tumult, the chickens jumped against the side of the chicken house, and “burst themselves open.” Close to 150 died while the family emphasized its loss of sleep, nervousness, and fright.

Citing a Fifth Amendment violation, the Causbys said the United States had “taken” their property.

In a lower court decision, they were told that, “to whomsoever the soil belongs, he owns also to the sky.” So yes, in addition to the land, the air belonged to the Causbys. However, the Supreme Court partially reversed the lower court’s decision by saying that, in a modern world, no one can own the air. Or, as Justice Douglas explained, “The air is a modern highway.” But the Causbys were owed some compensation that they eventually received because of the diminished value of their farm ($1060) and the dead chickens ($375).

The case did though continue a debate about who owns the air above your property.

Drone Regulations

I’ve copied several sections from the FAA’s December 13th (last Friday) Drone notice:

Thinking of the Drones over my house, I wonder if the FAA is enforcing the regulations it declared last week.

But maybe it’s all about the tragedy of the commons.

Our Bottom Line: The Tragedy of the Commons

Telling us where we cannot fly our drones, the FAA includes stadiums and sporting events, airports, and security sensitive areas. That leaves countless miles of shared airspace. At this point, I thought of the tragedy of the commons. Referring to how we abuse commonly owned resources, the tragedy of the commons signals the damage that drones are doing to New Jersey’s air space.

My sources and more: Today, we began with the Causby case.  Next, a pleasure to read, this Smithsonian Air & Space article is perfect for contemplating our property rights in the air. Then, for more, you can check the most recent FAA drone regulations. And finally, taking the next step, econlife looked at what one NYC group paid for the rights to sunlight. Also, I suggest this past econlife post

Please note that several of today’s sentences are from a past econlife post and also they correct a past inaccuracy.