Homeowner Claims Airspace Up To 500 ft Above His House - Legal?

[Wipster]

Hi there,

A local resident of my community forum (Nextdoor.com) has posted that no one has the right to fly a drone over his property under 500 ft. He is pointing people to the US "Bundle Of Rights" law, which I Googled, which states that private property owners must grant an easement to anyone flying any sort of aircraft over their property under 500 ft in an urban or suburban areas and 360 ft in rural areas.

I objected to his statement, and pointed out that the FAA does not allow UAV flight over 400 ft, effectively making it impossible to fly a drone over private property in any urban or suburban area of the US, according to his assertion. He said that is correct. He maintained that he has the full right to sue any drone flyer for "trespassing" if they fly over his property. I asked him to present legal precedent for this and he said there soon would be. He claims that the FAA has no right to violate a homeowner's property rights by granting an "easement" over their property.

Has there been any legal precedent for a property owner claiming "Bundle Of Rights" laws against a drone flyer? I'm sure violation of privacy is common, but could someone actually sue me for trespassing just for flying over their property under 500 ft? If not, what is the legal limit for flying over someone's property, provided you are not violating their privacy?

Insight appreciated!

If the legal limit to fly a drone is blow 500ft how would that be possible?

 

[Bennett Deckard]

I do not believe there are any states left in the U.S. where it is legal to get revenge by shooting someone who has harmed or destroyed a piece of your property.

I didn't say I would shoot him, I said that I would take the situation to it's legal end.

 

[HeavensAbove]

Just use flag skin and claim the airspace as you got there first?

 

[hibby]

if he shoots down your drone and you are flying within limits established by the FAA it is the same as shooting down any FAA licensed/sanctioned/etc. aircraft. Federal crime. Not civil court, federal, prison for him. After he is found guilty he will not be able to vote for the other aluminium wrapped heads that he thinks support him.

I challenge you to link any cases where someone has gone to prison for helping a drone to the ground over their own property with the use of firearms or any other means.

 

[Jeff7577]

I challenge you to link any cases where someone has gone to prison for helping a drone to the ground over their own property with the use of firearms or any other means.

Man arrested for firing gun into air in city limits

You cannot shoot into the air. Ever.

 

[hibby]

Man arrested for firing gun into air in city limits

You cannot shoot into the air. Ever.

Irrelevant article. Not related to drones. Arrested because he discharged the firearm inside a municipality that forbids it.

Be sure to tell duck hunters they can't shoot into the air. Ever.

 

[cderoche]

Not entirely correct. It's been ruled that planes flying over private property 500' and above are not infringing on someone's right to use their property. This does not mean that people own or even have an easement to that 500'. Causby vs US states that a property owner has a right to use their land as it was intended and the case shows that a plane flying at 83' above that property _can_ interfere with that us.

Again, none of that airspace is privately owned. It's still public airspace.

You are incorrect and I don't see why people in this form keep stating this. It's not illegal in the US to fly above 400'. It's not a regulation, it's a recommendation.


There soon would be? Huh? There soon will be unicorns as well. There is no and what is "soon"?

He can sue anyone he wants. Having the law on your side and winning is something different. A property owner has the right to use their property as it was intended. You could be found guilty if it can be shown that you infringed on that right. Right now, there is only case law up to 83'.

Of course you can always have a rough judge that does not care about the law and rules on their emotions. That actually does happen often in the lower courts.

I would think for a jury to decide in favor of this guy or any like him, it would mostly depend on whats being done at whatever altitude over someone's property. Remember, in a nutshell everything is set up for a reasonable person and what a reasonable person thinks and would do.

Examples: If you fly a drone regularly at very low altitude directly over your neighbor's swimming pool and loiter a bit each time over it, a reasonable person on the jury might think your spying, taking video or photos of them or getting a peep shot of people swimming or something like that. Same pool, but you zoom across non stop at 400 feet up, but happen to fly over their pool a lot, might not look so bad once they see how small people look from 400' up from a drone video (unless you have a Lockheed Martin drone with a 30X zoom lens that is) Just use common sense, and put yourself in the homeowner's shoes, how would you feel about someone flying a drone over your property? Me I wouldn't care unless they're very low like 75' or less, and even then as long as they keep moving &don't stay hovering all the time over my house, I wouldn't really feel like my privacy was being invaded, or at least not anymore than its invaded by today's world of no privacy. Drop down to peep in my window however, a baseball bat will be served for that drone's lunch lol. As I would expect to happen to my own drone.

 

[PDXteriors]

It is a federal crime to shoot down aircraft, the FAA confirmed that that includes drones. This is great news for anyone who has a drone, and for anyone who doesn’t want errant bullets falling from the sky, and it’s bad news for anyone eager to pump a quadcopter full of lead.

Look it up.

Doesn't matter if it isn't enforced, which it certainly has not been.

 

[cderoche]

Doesn't matter if it isn't enforced, which it certainly has not been.

If its not enforced, and people start shooting drones out of the sky at will, maybe some crafty drone owners will start arming their drones to shoot back. What's the difference in that case? At least with an airsoft or paintball gun lol

 

[PDXteriors]

If its not enforced, and people start shooting drones out of the sky at will, maybe some crafty drone owners will start arming their drones to shoot back. What's the difference in that case? At least with an airsoft or paintball gun lol

The difference is that has never happened.

 

[cderoche]

The difference is that has never happened.

What, never been enforced when someone shoots at a drone?

Hillview man arrested for shooting down drone; cites right to privacy

 

[JeepDSL]

What, never been enforced when someone shoots at a drone?

Hillview man arrested for shooting down drone; cites right to privacy

Yes, but as posted earlier, the judge dismissed the charges.

 

[cderoche]

Yes, but as posted earlier, the judge dismissed the charges.

Well, I've read a few drone crashing into people and things incidents and by the second or third incident in Seattle I think it was, a commercial drone operator was arrested and served some jail time(30 days). It was because a few happened in a row in a short time span and people probably expected something by that point to be done.

I'd love to see some one with some clout like a Supreme Court Justice or high ranking FAA official fly their own drone, and get their drone shot down by Johnny Big Guns. Bet you'd see someone get some jail time then. I think that guy should have contacted the FAA and not just the local cops.

 

[cderoche]

And I like that even threatening to shoot a drone down is a crime.
FAA confirms shooting down a drone can lead to a potential 20 year jail sentence | Daily Mail Online

This stuff is still very new to law enforcement. I can assure you, if too many more drone shoot downs occur you will start seeing people getting charged, federally. Just like they're trying to come up with laws to regulate the hobby, it works both ways. Let someone fire a high powered rifle into the air shooting at a drone and hit something more important than a drone...

The guy that thinks he owns 500 feet above his house should read up on the actual law,
2. Aircraft Sabotage (18 U.S.C. 32) | USAM | Department of Justice

 

[cderoche]

When all else fails and you can't shoot a drone, try this:

 

[cderoche]

And lets not forget this one:

 

[cderoche]

And when criminal courts fail you can still sue:
Man Wins Lawsuit Against Neighbor Who Shot Down Drone with Shotgun

 

[steen6673]

I've read many, many threads like this one on multiple drone sites. I'm not sure how many of you actually own firearms or shoot them regularly, but, if you are actually above 150' and moving, it is essentially impossible for anyone to shoot a drone out of the sky. Even if they are an incredible shot. Thus, if your drone gets shot down, it had to be stationary. And, I find explanation challenging for a drone to be stationary above private property without permission long enough for anyone to get a rifle, load it and take a shot.

I fly over private property often, but, it usually in transit to somewhere else. I am stationary above my own property and direct neighbors quite often, but, I've made the effort to visit with all of them to show my drone and answer any questions up front. This doesn't address the original questions on legality, but, worrying about someone shooting your drone down if you are not doing something suspicious anyway is a waste of time.

 

[Mr. Salty]

I'm not sure how many of you actually own firearms or shoot them regularly, but, if you are actually above 150' and moving, it is essentially impossible for anyone to shoot a drone out of the sky.

Not with a shotgun it's not.

 

[steen6673]

Not with a shotgun it's not.

Maybe if your lucky - effective range for an average 12 ga shell is usually 50 yards. If the drone was moving along around 20 mph, which I normally am in transit, I still think it would be hight unlikely that you would get shot down. Effective Ranges for Buckshot, Birdshot and Slugs

I watched a video from the US Army's "drone games" a while ago showing a couple of drones flying downrange on an artillery range with every kind of ordinance being fired at them without any hits. I will post a like if I can find it again.