Air Space over Private Property

[Prylar Bek]

Looking for an answer. I'm on vacation. The hotel I'm at has a HUGH open area. Like the size of 10 football fields. I start to set up and security stops me. Says I don't allow it. So if I stand on the public street and fly over the area can they stop me? Is air space restricted over private property?

 

[SteveMann]

Looking for an answer. I'm on vacation. The hotel I'm at has a HUGH open area. Like the size of 10 football fields. I start to set up and security stops me. Says I don't allow it. So if I stand on the public street and fly over the area can they stop me? Is air space restricted over private property?

First, your Rent-a-Cop is a moron. But I repeat myself. I would talk to the Hotel Manager, if you have some, show him videos you have already done and ask if you can fly over the vacant areas of the property. Chances are likely he will say yes. Unless he used to be a Rent-a-Cop in a prior life.

IANAL - but this may help when the RaC crosses the street to confront you. In the 1946 case U.S. vs. Causby, the Supreme Court said landowners have exclusive right of airspace surrounding their property. In part, the decision says “The landowner owns at least as much of the space above the ground as the can occupy or use in connection with the land”. All other airspace is in the Public Domain from the Air Commerce Act of 1926 and reaffirmed by the Civil Aeronautics Act of 1935. Under those statutes, the United States has "complete and exclusive national sovereignty in the air space" over this country. They grant any citizen of the United States "a public right of freedom of transit in air commerce through the navigable air space of the United States."

Basically, if you are more than five miles from an airport, have fun.

 

[Prylar Bek]

I'm going to fly screw him

 

[Idbird]

If they say it's not allowed, there's your answer. They could have you arrested. That would tend to ruin a vacation.

 

[Prylar Bek]

I never take no for answer. I'll stand on the sidewalk and fly it over the property

 

[PhantomPhreak]

Why cause trouble? There is always another day and another place to fly.

 

[MacCool]

Photography from private property can be controlled by the property owner. Photography of private property from public property can't. The property owner can prevent you from flying from their property. They can't prohibit you from flying over it. The airspace in the US is controlled by the FAA. If they say you can fly in that airspace, flying over private property is completely legal. I could just see property owners charging an airline with trespassing, for example, because a given landing approach goes over their house. Can't happen.

From a practical standpoint, however, the cops that they call to make you stop flying over their property are highly likely to be completely clueless at to the law on this subject. It will get sorted out at the station, or in court, likely. As they say, "you can beat the rap, but you can't beat the ride".

 

[Prylar Bek]

This is the issue we are all facing. Just trying to have fun in an unobstructed space. Not going to hurt anyone or violate anyone's rights

 

[garrock]

... "a public right of freedom of transit in air commerce through the navigable air space of the United States."

In this case it would be Personal Use... not Commerce.

If a land owner is animate about you not flying over their Private Property for Personal Use, then why not practice everyday scruples and yield to their wishes ?

 

[Prylar Bek]

I'll tell you why. It's not harming anyone. I'm not obnoxious about it. The open space is enormous. Totally empty. No trees

 

[WPSPETE]

Talk to the manager and offer them some free pics. Doesn't hurt to do some good PR.

 

[Meta4]

I'll tell you why. It's not harming anyone. I'm not obnoxious about it. The open space is enormous. Totally empty. No trees

And there's absolutely nowhere else suitable for flying?
Why seek confrontation?
Why be a prick and irritate people unnecessarily?

 

[Prylar Bek]

Well my son talked me I to an alternate site near to water. I decided not to confront the issue. Happy Thanksgiving

 

[Narrator]

Talk to the manager and offer them some free pics. Doesn't hurt to do some good PR.

+1

I'll tell you why. It's not harming anyone. I'm not obnoxious about it. The open space is enormous. Totally empty. No trees

And there's absolutely nowhere else suitable for flying?
Why seek confrontation?
Why be a prick and irritate people unnecessarily?

+1

 

[Clipper707]

Like it or not, we are all ambassadors of the hobby. I'm glad you didn't fly there. The "I'm going to fly screw him" approach wasn't working for me.

You never established what state/country you were in. I'm surprised people start throwing out legal advice without knowing the facts.

 

[Prylar Bek]

I'm in CA. And just for the record legally I'm on solid ground as has been discussed in an earlier post but I decided to not pursue the issue. But I'm sure it affects all of us. We want to do the right thing but we also want to enjoy the hobby. I also had a fly away for no reason but she landed safely with no issues. Anyway live to fly another day. Tomorrow!

 

[cshaw]

And this is why the USA is losing it's freedom so fast. You are all too ready to forgo your rights in case you upset someone. Even if you know you are legally correct you will allow the police and even the fake police to trample all over your human rights. I know, it's only a small matter but if you are not breaking the law or affecting the fake cop in any way, just tell him to **** off.

 

[Prylar Bek]

Agreed. Tomorrow at o dark early I'm flying. I did my due diligence I asked poliety I pleaded my case to the manager and head of security I asked for permission when they thought it would be best to fly told them the airspace is in the public domain. And I would Not be treasassing. Here to fore For 10 years people flew fixed wings etc. people had fun. Now this big hotel chain decided nogo because of "liability" I call BS

 

[Prylar Bek]

And BTW the legal advise is a Federal issue not a state issue. The airspace belongs to US. Just like mean tide was. Its public airspace.

 

[SilentAV8R]

Agreed. Tomorrow at o dark early I'm flying. I did my due diligence I asked poliety I pleaded my case to the manager and head of security I asked for permission when they thought it would be best to fly told them the airspace is in the public domain. And I would Not be treasassing. Here to fore For 10 years people flew fixed wings etc. people had fun. Now this big hotel chain decided nogo because of "liability" I call BS

So you have changed your mind and plan to fly where they asked you not to fly?? Why? This will be just another example of how we can win the battle but lose the (public relations) war.

I've been an RC guy for 48 years. I use the same rules for my Phantom that I do for anything else I own, if I would not fly a "regular" RC model (Trex 550E) there I won't fly my Phantom. I see no reason to go out of my way to bring unwanted negative attention to us.