Flying a drone on your own private property below 85 feet

[Gigman]

Quick question and there does seem to be some precedence but curious on your views.

Given the Supreme Court decision in the 1940’s that an owner has airspace ownership below 85 feet over their own home/property.

(The courts set precedent on this matter in the late 1940’s at approximately 85 feet above ground. See: UNITED STATES v. CAUSBY et ux.)

This airspace (0 to 85 feet) according to the Supreme Court is not controlled by the FAA but is personal property however, anything over 85 feet above your home would turn into FAA control.

Thus, Can a home owner fly their drone on their property up to 85 Feet without any FAA approval or drone registration?

Thoughts?

Thanks,

 

[FLDave]

It would be nice if you cited the specific case legal reference, including actual date of decision.

 

[Rich QR]

I don't believe that's what the Court said. IIRC, they said that, when planes flew legally at such a low altitude over a property owner's home, in a way that interfered with the property owner's quiet enjoyment of his property, the property owner had a right to recover some damages. In the particular case, the property owner suffered a loss of chickens when they panicked and died due to the noise of the overflights. The court didn't say the property owner had absolute ownership and control of that airspace. And they most certainly didn't say that the FAA lacked jurisdiction over any portion of navigable airspace. They left a lot of questions open, but I don't read any of it to indicate that you are free to ignore FAA registration requirements or other rules while flying in navigable airspace above your property.

 

[Meta4]

Given the Supreme Court decision in the 1940’s that an owner has airspace ownership below 85 feet over their own home/property.
This airspace (0 to 85 feet) according to the Supreme Court is not controlled by the FAA but is personal property however, anything over 85 feet above your home would turn into FAA control.

You should read Causby in detail instead of relying on a dubious summary.
The supreme court didn't say that landowners own any airspace at all and the FAA think they control all airspace down to the grass.

Thus, Can a home owner fly their drone on their property up to 85 Feet without any FAA approval or drone registration?

You don't need FAA approval to fly at your property or most other places.
But if you are flying in the national airspace, the usual rules apply.

 

[donkep]

I think it depends on where you live. I just checked a personal residence that is adjacent to an airport and is in Class D airspace. Permissible altitude for authorization: 0 feet. So if you live adjacent to an airport in Class B, C or D airspace, then flying on your property is a no-go.

 

[Meta4]

I think it depends on where you live. I just checked a personal residence that is adjacent to an airport and is in Class D airspace. Permissible altitude for authorization: 0 feet. So if you live adjacent to an airport in Class B, C or D airspace, then flying on your property is a no-go.

In that situation whether it's your property or not is irrelevant.

 

[orionshooter]

In that situation whether it's your property or not is irrelevant.

The fact that federal law can prohibit flight on your own property below 84 feet means the that it can do so anywhere. And since that’s the case, the fed govt and ONLY the federal govt controls airspace (including that space below 84 feet) This amounts to preemption of state and local municipalities.

Not sure how many of you have grown weary of attempts by local/state entities to encroach on the authority of the only agency (FAA) with the requisite know how and big picture perspective.

 

[spsphotos]

I think it depends on where you live. I just checked a personal residence that is adjacent to an airport and is in Class D airspace. Permissible altitude for authorization: 0 feet. So if you live adjacent to an airport in Class B, C or D airspace, then flying on your property is a no-go.
View attachment 148713

Has nothing to do with it. The 0 AGL zones are because the FAA declared them so, not SCOTUS. Has to do with distance to the nearest airport, not some obscure ruling.

 

[GregS]

In that situation whether it's your property or not is irrelevant.

I was going to fly in the backyard of our son's house in Portland, OR, which is less than 4 miles from the airport, with an approach path near. I wasn't going to fly higher than 50 feet. The motors wouldn't even start. That was 3 years ago, so might work now with LAANC approval.

 

[spsphotos]

I was going to fly in the backyard of our son's house in Portland, OR, which is less than 4 miles from the airport, with an approach path near. I wasn't going to fly higher than 50 feet. The motors wouldn't even start. That was 3 years ago, so might work now with LAANC approval.

Possible if the airport is one that LAANC is setup for, otherwise you need to go to DroneZone. And as for the motors not starting, that sounds like DJI Geofencing, not FAA rules.

 

[donkep]

Has nothing to do with it. The 0 AGL zones are because the FAA declared them so, not SCOTUS. Has to do with distance to the nearest airport, not some obscure ruling.

Okay. Good luck with that.

 

[spsphotos]

Okay. Good luck with that.

What do you mean by that?

 

[donkep]

I mean good luck to you. The FAA controls the national airspace and has since 1958.

 

[Hadyomama]

Ownership of Airspace Over Property – Aviation

aviation.uslegal.com

 

[spsphotos]

I mean good luck to you. The FAA controls the national airspace and has since 1958.

Again, why? I am 100% aware of all the rules and who governs what. Did not get my 107 for sheets and gaggles. I think you are confusing my reply with someone else's.

 

[Vic Moss]

Causby did No such thing. 83’ (not 85’) was the lowest flight of the military aircraft. That’s why that number is there.

The Justices even wrote in the opinion that that distance had no bearing on any future case.

And don’t confuse ownership with control.

 

[donkep]

Again, why? I am 100% aware of all the rules and who governs what. Did not get my 107 for sheets and gaggles. I think you are confusing my reply with someone else's.

So, if you were in Class B, C, or D airspace, are you thinking it would be okay to fly up to 85 feet above your property? Maybe I misunderstood your comment.

 

[spsphotos]

So, if you were in Class B, C, or D airspace, are you thinking it would be okay to fly up to 85 feet above your property? Maybe I misunderstood your comment.

I think you are 100% missing the entire context of the thread itself. This is NOT a discussion of FAA Classes, it's a discussion on WHO controls the airspace. The FAA clearly regulates how high you can fly, not any other local, state, or federal agency. I never mentioned anything you are referring to. Stop trolling. Thank you.

 

[donkep]

I think you are 100% missing the entire context of the thread itself. This is NOT a discussion of FAA Classes, it's a discussion on WHO controls the airspace. The FAA clearly regulates how high you can fly, not any other local, state, or federal agency. I never mentioned anything you are referring to. Stop trolling. Thank you.

No need to get upset. The FAA controls the airspace. And they have since 1958.

 

[spsphotos]

No need to get upset. The FAA controls the airspace. And they have since 1958.

OMG! You are such a troll.