Concept
Airspace
Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Initial Look at Exclusion's Limits
"In Hinman v. Pacific Air Transport, landowners sought review of decrees sustaining motions to dismiss suits concerning the rights of a landowner in connection with aircraft flying above the land. The plaintiffs alleged that they owned and possessed 72 1/2 acres of real property together with a stratum of airspace overlying the tract and extending upward to an altitude they could reasonably expect to use or occupy, including an altitude of not less than 150 feet above the surface. They further alleged that commercial airlines repeatedly operated aircraft in, across, and through the airspace at altitudes of less than 100 feet, despite notice to desist, and that the aircraft continued to do so unlawfully and against the plaintiffs’ will. The plaintiffs described two recurring flight courses over the property, including their widths, boundaries, and heights above the surface, and alleged that the defendants used those courses openly, notoriously, and under a claim of right adverse to the plaintiffs."
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