hook3m said:
LuvMyTJ said:
If the cam was transmitting an image to a ground station DVR you would be in a whole heap of trouble.
Trouble from who? It wouldn't be the law. ... Flying a drone over someone's property at low altitude constitutes a trespass and therefore you would be free to shoot it down. ... flying your drone over some ones farm and they shoot it down they are not going to get arrested or ticketed for it. You can try to take them to small claims court but
good luck with that.
Good luck would not be required ... all that would be needed is for the court to follow the law. The law does not allow you to take or damage someone else's property just because they (or it) trespassed.
"the landowner has a duty to the owner of the plane, as well. The landowner cannot keep the landed plane. That would amount to a conversion of the flier's property and the landowner may be compelled to pay the cost of the plane. The landowner may not intentionally damage the plane, as this would be a trespass to the chattel of the flier. The landowner may ask to have it removed by the flier. The landowner may move the craft himself if its location is causing some harm to his enjoyment of his property, or is creating some other risk of harm."
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http://www.modelaircraft.org/files/2012RevisedModelFliersandNeighborsDOC.pdf
There's also the issue of showing it was, in fact, over your land. If in the middle of a huge plot, this would probably be easy. If close to a property line, perhaps not so easy. And the shooter would need to show that it somehow interfered with his "beneficial use" of his land. At 100' this could be a reasonable claim, at 400' (or more) this might be a stretch (depends on how good the shooter's eyesight and hearing are
).
Of course the pilot would have to weigh the possible fine (for trespass) against the lost value (and court costs) of the aircraft.
A word to the wise ... if you're considering flying in a rural area over (or near) property that's not yours without permission, you should be aware that discharging firearms in such areas is usually allowed, and some folks with firearms consider almost anything within view a valid target; signs, aerial cables, etc. (you'd probably be amazed at how many rural cables are taken out every year by gunshot). A moving target would be especially attractive to these folks.