Drones over Your Property: Legal Rights and Protections

Should you be allowed to prevent drones from flying over your property? This question has become increasingly relevant with the rising prevalence of drones in both personal and commercial use. To answer this, it's essential to understand the legal framework and the ethical considerations surrounding drone operations near private properties.

Legislative Framework and Compliance

The use of drones, whether for personal or commercial purposes, must comply with both local and federal regulations. The Federal Aviation Administration (FAA) governs the operation of drones in the United States, ensuring that they are used safely and responsibly. According to the FAA, a drone is considered an aircraft and must follow the same rules and regulations as manned aircraft.

The FAA requires drone operators to obtain the necessary certifications and licenses. However, not everyone is required to have a license; for instance, hobbyists and individuals operating their drones for non-commercial purposes are currently exempt from obtaining a license. Nevertheless, all drone operators must follow the FAA's part 107 regulations, which include registration, flight restrictions, and safety guidelines.

Regarding the flight over private properties, drone operators must be aware that flying over a property without the landowner's consent may be illegal. Some areas or jurisdictions have specific laws prohibiting drones from flying over certain types of properties, such as residential areas or specific landmarks. It's crucial to check local regulations to ensure compliance.

Ownership of Airspace

The concept of property rights extends upwards into the airspace above the ground, known as airspace rights. In 1946, the Supreme Court of the United States heard a case involving a chicken owner who complained about low-flying airplanes. The Court ruled that a landowner has "at least as much of the space above the ground as he can occupy or use in connection with the land." This decision set a precedent, with the Federal Aviation Administration (FAA) controlling airspace from the ground up.

However, the exact height limit of the airspace where the landowner has reasonable use continues to be a grey area. For manned aircraft, the FAA has specific guidelines, but for drones, there isn't a hard and fast rule. Generally, anything below 83 feet is considered encroaching on the landowner's reasonable use. However, this can vary depending on the local regulations and the landowner's specific circumstances.

Privacy Concerns and Legal Protections

Landowners have a right to privacy over their land. Flying drones at extremely low altitudes can interfere with the landowner's enjoyment of their property, such as using their backyard for social gatherings or sunlight. The FAA does not explicitly regulate the altitude at which drones can fly, but local jurisdictions have passed trespass, nuisance, and privacy laws to protect homeowners.

These local laws often aim to provide a definition of "reasonable use" of property, which includes keeping drones out when they interfere with these activities. However, the interpretation of "reasonable use" can be vague. For example, a drone flying at 50 feet above a pool would likely prevent the landowner from enjoying their property, but a drone at 150 feet that is inaudible might not.

There have been cases where individuals have tried to tackle the issue by shooting down drones. Outcome such as those seen in Oregon, where a man was fined, jailed, and required to pay for the drone after downing it, illustrate the legal consequences of such actions. These actions violate federal and state laws and can result in significant fines and potential jail time.

Best Practices for Handling Drone Interventions

If a drone is operated in a way that interferes with the landowner's reasonable use of their property, the best course of action is to contact the local authorities. Providing a clear and detailed explanation of how the drone pilot's actions prevented the enjoyment of the property can help the authorities initiate an investigation if necessary. Cooperation with local law enforcement and adherence to local laws and regulations will help resolve these issues effectively.

The FAA and local authorities are more likely to take action if there is a legitimate cause of complaint, such as repeated and unauthorized drone flights over private property. This approach not only ensures legal compliance but also maintains the peace and order in the community.

In conclusion, while drone operations are legally and ethically complex, understanding the regulatory landscape and legal protections in your jurisdiction can help resolve disputes. Landowners have the right to ensure their property is not unduly interfered with by unauthorized drone flights, but this must be done in a way that complies with both federal and local laws.