Poser
WKR
- Joined
- Dec 27, 2013
- Location
- Durango CO
I don't believe this is the exact law. I'm a commercial pilot and never saw this regulation as you've stated in terms of trespassing. However, there is a regulation that you are not to fly below 500' AGL (above ground level) over congested areas or gatherings of people for safety reasons unless landing, departing, maneuvering for ag application, etc. The FAA could cite a pilot for unsafe operation if lower.
A landowner "owns" air above their property that they could reasonably use, for instance if they had a 200' ham radio tower, they'd "own" that air to the point that someone else can't encroach upon it and prevent them from that reasonable usage.
National parks and designated wilderness areas require 2,000' AGL, and that AGL is above nearby land masses like a peak. Unless you're landing in Frank Church, etc. where there are designated wilderness strips.
If it were me, I'd check with the local rangers/LEO's and if it's prohibited, have them cite the actual reg.
It’s not a flight regulation, rather it was a court ruling on the matter establishing precedent of the law. United States vs. Causby: The United States Government claimed a public right to fly over Causby's farm, while Causby argued such low-altitude flights entitled the property owner to just compensation under the takings clause of the Fifth Amendment."
Ruling: 'a landowner's domain includes the lower altitude airspace, but that property does not extend "ad coelum" (indefinitely upward).”
I may have been mistaken about the 500 feet though I seem to recall that detail. Looking over the holding, the height appears to be more subject to the use of the land.