Clarity on Rules Regarding Private Property

[GadgetGuy]

Maybe you'll get on Google Earth in the nude?

The blur filter will obscure his face! ?

 

[BigAl07]

Let's get this thread BACK on track and not detail it. The OP deserves that from us.

Allen

 

[Rangerider]

The blur filter will obscure his face! ?

Saved by the blur filter!

 

[Rangerider]

Let's get this thread BACK on track and not detail it. The OP deserves that from us.

Allen

I think the comments are an attempt to shed some light on the original poster's question. Levity doesn't hurt and may in fact help with an honest discourse. We have all had the same question in our minds about this topic so the commentors seem to be trying to do that. Adding their own brand of levity shouldn't be discouraged. The OP has already stated that he/she is thankful so perhaps the thread should just be closed?

 

[Rangerider]

Thanks everyone. I appreciate all the input. I have a better idea of the expectations of fellow pilots. Clarity, however, still escapes me. "Ethics" and "Common Sense" are ill-defined. In fact I've found that common sense tends to not be common at all. And ethics like beauty is often in the eye of the beholder. The expectations of one landowner and those of another may be vastly different as are the ethics and common sense from one pilot to the next one. I've seen some crazy stuff on YouTube (some of which prompted my original post - One guy said never fly over private property). I am striving to avoid any or all conflict while pursuing what for me is just a hobby at this point. So I seek first to understand.

Thanks again. You've given me a lot to think about and consider...

Paul:
You have generated a healthy discussion here on the topic of who owns the airspace and privacy. I think the replies here were helpful and this is a topic we have all pondered regarding operation of our drones. I would assume that you are most likely operating in Class G airspace which is the FAA's designation for uncontrolled airspace so no clearance is required from the controllers. If you are in controlled airspace then you will need a clearance. I suggest two more areas you might consider. The FAA's 'suggestions' (ahem rules?) on recreational drone operations and consulting your local sheriff's office about any local laws regarding drone flying. The FAA simply says:

1. Keep your drone within your line of sight, or within the visual line-of-sight of a visual observer who is co-located and in direct communication with you.
2. Do NOT fly in airspace where flight is prohibited. Airspace restrictions can be found on our interactive map, and temporary flight restrictions can be found here. Drone operators are responsible for ensuring they comply with all airspace restrictions.
3. Never fly near other aircraft, especially near airports.
4. Never fly over groups of people, public events, or stadiums full of people.
5. Never fly near emergencies such as any type of accident response, law enforcement activities, firefighting, or hurricane recovery efforts.
6. Never fly under the influence of drugs or alcohol.
7. Follow the safety guidelines of a community based organization.

There are more rules on the FAA's web site that you might look into.
Your question involves legal advise but is best answered by using common sense and the Golden Rule. Do as you would have others do unto you. Happy aviating.

 

[GadgetGuy]

Your question involves legal advise but is best answered by using common sense and the Golden Rule. Do as you would have others do unto you. Happy aviating.

Indeed! Show respect for the concerns of all those around you, no matter how legal your flight. The less attention your mission draws the better, which is why the Mavic 2, with its extended range and battery life, and potential 2x-4X zoom, is currently the best tool for most jobs at hand! Get in, get out, and leave no footprints behind!

 

[Rangerider]

... Get in, get out, and leave no footprints behind!

Sounds like a military special op! I like it.

 

[PXLated]

Doesn’t the old “chicken law” apply - 84 feet above and you’re good to go?

United States v. Causby - Wikipedia

en.m.wikipedia.org

 

[Rangerider]

Doesn’t the old “chicken law” apply - 84 feet above and you’re good to go?

United States v. Causby - Wikipedia

en.m.wikipedia.org

Great job! I love it. I now dub thee Chicken Man! Go in peace brother and fly above 84 ft over thy neighbor's property! Now setting my RTH to 85 ft and cruising the land at 84 ft!

This case is also a great example of government overreach. The Feds have been after all property since the War of Aggression by The Northern States against The South. They want to own the air you breath brother and control you the moment you step outside your abode into 'their' air if possible. IMHO.

 

[SpitFire]

COMMON SENSE: I once knew a fellow that had 4 Masters degrees. But he had no common sense.

 

[PXLated]

Common Sense and Laws

 

[TxArch DroneGuy]

Property and privacy rights regarding "how far up does it go" probably varies from state to state, but as a general rule, it's 100' above the tallest structure of your property - which is in FAA regulated airspace. Check your local and state regs, and as pointed out here, use common sense. And if someone asks you not to fly over their property - don't.

All air space above a blade of grass is National Airspace per the FAA, in the United States. Doesn’t matter who owns the land.

 

[drvrbob]

Another issue that could trigger litigation is; if the homeowner has a 'privacy fence' around a portion of their property and has an expectation of privacy while doing whatever they choose to do in that space, then the presence of drone flying above could be seen as a violation.
Once again, if you're low and slow you look like a peeping tom but if you are just passing over high and fast, you'll probably go unnoticed.
Think like a grumpy person sunbathing and act accordingly.
Don't give them ammo to shoot you with.

I guess when I am on my roof cleaning my rain gutters I am in violation.

 

[Meta4]

Doesn’t the old “chicken law” apply - 84 feet above and you’re good to go?

United States v. Causby - Wikipedia

en.m.wikipedia.org

There is no "chicken law" and nothing to indicate that a height of 84 feet is of any significance.

 

[PXLated]

There is no "chicken law" and nothing to indicate that a height of 84 feet is of any significance.

Whatever!

 

[Meta4]

Whatever!

You're the one suggesting there's an "old chicken law".
Do you want to tell us what it is?
US vs Causby didn't result in any laws at all.

 

[PXLated]

When I first got my drone and was refreshing myself on sectionals, airspace, laws etc., I came across several references to the chicken law (1960s law) and 83 ft. - Enough references and questions as to why in the world the judge would pick such an odd number (he never explained) that it stuck in my brain as a reference point. From what I could tell, it was still the law.
You seem pretty sure - definitive in your response - that it’s BS - So be it.

 

[Thomas B]

When I first got my drone and was refreshing myself on sectionals, airspace, laws etc., I came across several references to the chicken law (1960s law) and 83 ft. - Enough references and questions as to why in the world the judge would pick such an odd number (he never explained) that it stuck in my brain as a reference point. From what I could tell, it was still the law.
You seem pretty sure - definitive in your response - that it’s BS - So be it.

It is an old court ruling.. i.e. "case law". It is not statute.

 

[Meta4]

When I first got my drone and was refreshing myself on sectionals, airspace, laws etc., I came across several references to the chicken law (1960s law) and 83 ft. - Enough references and questions as to why in the world the judge would pick such an odd number (he never explained) that it stuck in my brain as a reference point. From what I could tell, it was still the law.
You seem pretty sure - definitive in your response - that it’s BS - So be it.

It's the height that planes on approach to land crossed the Causby's property boundary but there's no law about 84 feet from anything and no "chicken law".
If there was a reference to a "chicken law" it would have been more accurately labelled a "chicken court case".
US vs Causby did not establish any height that private property ends and airspace begins.

 

[BigAl07]

Chicken Law is Old School and has no validity in 2019.

Now if you happen to have Chickens and someone's sUAS happens to be causing harm/stress to your chickens you MIGHT have a case but otherwise it holds no weight.