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You're right that there are aspects of the case that would not apply to a current-day situation. The takings clause can only apply to the US Government, for exa
by asynchronous13 8y ago
You're right that there are aspects of the case that would not apply to a current-day situation. The takings clause can only apply to the US Government, for example. But the main takeaway that I believe would apply is that a property owner effectively owns the airspace up to some altitude X ft.
The way I see it is that the property owner should be entitled to exclusive use from 0ft to Xft. (Of course, the land owner can always give permission for lower flights if they so choose.) And drones should be able to legally traverse from Xft to 400ft.
It would be great if a law would establish what X is. Unfortunately, I think it's more likely that someone will fly a drone over private land at 150ft, the land owner will shoot it down, and the ensuing lawsuit will set a precedent.