We talked earlier this week about the drone problem in New Jersey, and I was listening to the Moon Griffon show this morning, where he talked about the same problem. And the question came up, can we shoot these things?
U don't think that the "deadly force" question applies to an unmanned drone. I can't kill something that is not alive. But, I might be held liable for property damage. So, the question evolves to property rights. I know that I own the surface rights to 1.3 acres in Louisiana. I know I own the mineral rights to that same property. But, what of the airspace rights?
I live two miles from an airport, and I am routinely over-flown by private and military aircraft. I don't have a problem with that, as it has never been a problem, but how much of the airspace avoce the property is mine? I own a bird house that is 13 feet tall. My shop is 15 feet tall. I know I own that. Bow far up do my property rights extend? 100 feet? 1000 feet? At what point does an unmanned drone become a trespassing concern?
My shotgun, properly loaded, will take down geese at 120 feet. Do I own that much airspace?
7 comments:
Heh. Apparently yes to 83 feet, but still don't know above, even after reading this pretty good article: https://www.landsearch.com/blog/property-air-rights
Note also that airports bring their own complications for both drone flight AND ground based "obstructions."
I heard just as your mineral rights extend beneath your property down to the center of the earth so the same with you owning the airspace above too, [aircraft are exempted though].
Can you take down "something" that is surveilling you or causing a problem?
It depends on the state. Some states have ruled it is and followed that in actual cases. Other states have ruled the opposite.
I assume some states have not yet ruled in it.
Jonathan
"Peeping Toms" have gotten their drones shot down when they hovered them around private swimming pools, and the person doing it was not charged.
But you aren't supposed to just shoot one down "willy-nilly", just because it flies over your land. If it is being operated in a reckless manner, IE, being used to harass your livestock, then you could shoot it down and likely get away with doing so.
Here's a proper use of a drone:
https://www.kalb.com/2024/12/14/police-use-drones-thermal-imaging-catch-car-burglary-suspect-pineville-christmas-parade/
A person technically owns the airspace directly above their house, but the extent is limited to the airspace they can reasonably use for their property, which generally means up to a height of around 500 feet above ground level, as regulated by the Federal Aviation Administration (FAA). Beyond that point, the airspace is considered "navigable airspace" and is considered public domain for aircraft to fly through.
As stated by goggle AI.
I'm fairly certain the FAA has made it illegal to shoot at any drone.
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