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Whose sky is it anyway? U.S. drone case tests rights to air space
When a small town American roofer took legal action against a neighbour for shooting down his drone, the local dispute sparked a case that could help shape the newest frontier of property rights law – who owns the air. (www.msn.com) Plus d'info...
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It does bring up some interesting questions. I can see both sides. I have a teenage daughter, and if a drone was hovering over my back yard (when I had a house with a pool) I'd be real tempted to break out the Winchester over and under for some skeet practice. Tempted and doing are two different things. It'll be interesting to see how far up the court system this goes.
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Interesting article raises some very important questions. And, sad to say, also contains potentially dangerous, life-threatening issues.
" HIGHER AIRSPACE USED BY COMMERCIAL AIRPLANES"....IS SETTLED LAW"........"
Horse-feathers ! The "right of innocent passage" thru ALL air-space is well-settled law for ALL aircraft in ALL ICAO member countries. Ant that MOST CERTAINLY includes NON commercial aircraft. ( just another example of what journalism has become....! )
The question of what is "well-settled law" as to airspace was settled many decades ago-anyone familiar with the FAR's knows this - you go lower than the altitudes specified for the areas you are in, and you most certainly can be "violated".
However, individuals using violence against ANY aircraft, even a trespasser,is not what we in western civilization are about. We settle out disputes in the courts. We Americans are a country of laws, not "middle-east style" solutions !
I personally am quite familiar with this issue - some years ago, my airplane was fired on by an irate neighbor as I came into my own airstrip. Negligible paint damage - was only a shot-gun.
As the article points out, local law enforcement may not be entirely clear as to what they MUST do upon a citizen's complaint regarding violence against an aircraft. That's that happened in my case.
After a rather short, unpleasant conversation, local law enforcement got the idea that the offender (or what was left of him...!) most certainly was going to be transported for booking and processing, from his house to the local jail - I convinced them it would be more appropriate (and less theatrical) if they did it rather than if I had to do it myself.....they agreed...and yes...the guy is still in prison!
Bottom line - yes - some folks with those nasty, noisy drones may commit a trespass against you. I strongly recommend you work thru local law enforcement, rather than trying some technique we civilized people feel is for the legal system to resolve.