Bifalgorithm post · Property · Initial Look at Exclusion's Limits
Airspace
Airspace (Property · Initial Look at Exclusion's Limits) — "In Hinman v. Pacific Air Transport, landowners sought review of decrees sustaining motions to dismi…
Ideas in this flowchart
- Landowners’ airspace-rights claims against low-altitude commercial flights in Hinman v. Pacific Air Transport.
- The landowners sought review of decrees sustaining motions to dismiss their suits.
- The plaintiffs alleged ownership and possession of 72 1/2 acres of real property.
- They also claimed a stratum of airspace they could reasonably expect to use or occupy, including at least 150 feet above the surface.
- The plaintiffs alleged that commercial airlines repeatedly operated aircraft in, across, and through the airspace below 100 feet.
- The flights allegedly continued despite notice to desist.
- The plaintiffs characterized the continued flights as unlawful and against their will.
- The plaintiffs identified two recurring flight courses over the property.
- They described the courses by their widths, boundaries, and heights above the surface.
- The defendants allegedly used the courses openly, notoriously, and under a claim of right adverse to the plaintiffs.
