I’ve read that, and many other, discussions on the topic here and on PP and other forums. The truth is that the law is not entirely clear in the US, as is the case with many other areas of the law, which is due to the nature of federal and state/local government laws, case/common law, and the distinction between civil and criminal law. What we do know is that as far as the federal government is concerned, they are the sole arbiter of airspace, and contrary to what someone with the FAA apparently told you, there is no “rule” about flying over private property, aside from general rules about flying safely and complying with applicable regs, and of course TFRs and other restrictions.Here is an outstanding lengthy discussion on the topic.
Flying Over Private Property is Illegal?
I see news articles occasionally about land owners calling the police when a drone flies over "private property.” Yet no one seems to call the police when United Airlines flies over private property. Is there a limit to private property ownership in the Z-axis (measured in feet)? If so...phantompilots.com
That said, it is probably more complicated than that. I say probably because it will take a court case, probably many, to determine the extent to which federal law preempts (takes precedent over) state or local laws. In the days when the only issue was a plane flying thousands of feet overhead, it wasn’t much of a problem, and even when they were flying lower, as on approach/landing, the courts resolved the issues long ago (for example, the Causby case, or the lawsuits by people who bought a house next to an airport and then complained).
My guess (and that’s all it is, but mildly educated) is that in most cases, the courts will say federal law wins out. That’s the general Constitutional principle. But in areas of law where the federal government is deemed not to have the power to control, then it becomes more questionable. If someone flies a foot from my bedroom window regularly, I might legitimately claim there’s a nuisance (but my window is clear, so it’s not THAT private, which is an argument the other way - expectation of privacy. If the government spots me running a meth lab from a drone through an open window, it’s probably not a 4th Amendment violation unless the drone blows my curtains open). Or if someone hovers their loud Mavic Air (I fly a loud Mavic Air) 10 feet over my back yard party, I might reasonably argue it’s a nuisance, which is a state law civil claim.
I’d also guess that the courts will eventually say that states can’t criminally prosecute drone pilots for violation of a state airspace law (keeping in mind they are free to regulate takeoffs and landings). But I also would bet courts will allow state and local governments to pass very limited ordinances prohibiting the sort of things I mentioned above (looking in my window from a foot away or annoying my party guests), and allow for civil nuisance claims to proceed, keeping in mind that nuisance claims have a fairly high evidentiary burden of proof.
Who knows? The practical takeaway for me is that I am not in the least bit worried about getting arrested for flying a drone in violation of a local law or ordinance that I know is extremely unlikely to be enforceable. There is an ordinance where I usually fly that even elected officials have admitted they won’t enforce, as my state has a preemption statute that prohibits such ordinances, so I’m lucky in that regard, but criminal prosecutions are going to be very hard to win if the right arguments are made. That said, the other takeaway is not to fly like a jerk, and be respectful. I live in a very densely populated area, and when I fly at home, I always immediately go up to 150 or 200 feet (about the only time I use sport mode these days) so as not to annoy any neighbors, though it’s never been an issue. The one time a law enforcement officer approached me at a local park, he asked me if I had a “license” and I told him I did, but that it wasn’t required, and we had a nice discussion about it and talked about the laws (he let me keep flying for a few minutes but said he wanted to talk when I was done). I ended up giving him my business card and he called me months later when he had questions about what drone he should buy and whether he should get a Part 107 certificate.
Now, back to the original question: I love Texas, have visited many times, and my wife was born and raised there. But notwithstanding what I said above, I’d be extra careful there.
