BLM Corner Locked Lands

[Ura-Ki]

This is turning into a giant firball, and aits gonna be quite telling which ever way it ends up going! I can certainly understand the land owners point of view, however, I think reasonable access needs to be accommodated with out seeking permission which removes the ability to deny access! I would cite Wild life migration laws here, and push for an easement for public access! After all, it's public lands, not private and what ever happens on public lands falls to the local districts or counties, and not the private land owners.

 

[thorborg]

If Airspace were to be considered private property, would I be breaking the law when I listen to my radio, or just an accomplice aiding and abetting the illegally transmitting radio station?

 

[DirectDrive]

Power parachute in.
Power parachute out.
And buzz the "tower" if the opportunity presents.

 

[Koda]

many years ago there was a guy who sued the govt for allowing commercial planes to fly over his property, essentially he was claiming "his" airspace.
I cant recall the outcome, but think it went to the higher courts and iirc we do own airspace above property for a reasonable amount of feet (elevation) something miniscule like limited to as high as your permitted to build a dwelling or grow a tree or something.
Not stating a fact, just going off memory here. Someone else can fact check this if they want, its not a thing Im going to put time in other than the conversation on corner crossing is interesting to me since I would love to access our public lands.

 

[rhollister71]

your property line goes vertically forever anything crossing it, like a tree branch, shrub, or even a building, you as a property owner have the right to remove said portion off your property. Although with trees originating off your property, you can only cut what wont kill the tree, shrub, bush. otherwise the owner of said tree can sue for destruction of their property.

this has nothing to do with the air space above said property lines. i can fly a drone over your house all i want, it will not be considered trespassing. if there was a drone big enough to carry me i could also hover over without any legal implications. as long as im not breaking any stalking type activity or peeping tom type scenerios.

 

[rhollister71]

Power parachute in.
Power parachute out.
And buzz the "tower" if the opportunity presents.

THATS A NEGATIVE GHOST RIDER THE PATTERN IS FULL

 

[Koda]

this has nothing to do with the air space above said property lines. i can fly a drone over your house all i want, it will not be considered trespassing. if there was a drone big enough to carry me i could also hover over without any legal implications. as long as im not breaking any stalking type activity or peeping tom type scenerios.

If this is true then I disagree with the idea it should be legal to fly a drone over someones property. But then in the context of corner crossing I support access to public lands... so that leaves me with some cognative dissonance on this airspace issue.
The problem would be solved if it was a law that landlocked public lands should be required to have at least one public easement to access it

 

[Yarome]

In most of those cited, it has nothing to do with airspace or vertical "ownership". Trees, shrubs, or building outcroppings... those are terrestrial bound "property". If your "property" extends over your land ownershp line and encroaches on someone elses, then yes, it is a violation. No different than if you built a shed or home expansion that extended onto your neighbors property/land.

Likewise, "air bound property" (ie, drone, aircraft, etc.) exists within "public domain" only and is not a violation if crossing over property lines, unless it violates some type of air regulation. Like an aircraft flying lower than 500ft over a residential area. That's still not a violation of your "airspace" and you can't sue anyone for it. At most it would be an air space regulation violation as established by the federal or state government.

You can make a complaint with the appropriate agency, but it is up to the agency to persue any potential violation.

 

[rhollister71]

If this is true then I disagree with the idea it should be legal to fly a drone over someones property. But then in the context of corner crossing I support access to public lands... so that leaves me with some cognative dissonance on this airspace issue.
The problem would be solved if it was a law that landlocked public lands should be required to have at least one public easement to access it

True, but planes fly over you all day long. I live by hillsboro airport and helis and planes over my house 500 x a day.

Now if in my backyard hovering 6-10 feet or so it aint making out, but if its up 100 feet? i could careless. i aint got nothing to hide.

If i was in the counrty, i possible shoot it down.

 

[Yarome]

If this is true then I disagree with the idea it should be legal to fly a drone over someones property.

It's entirely legal to overfly any property line with a drone or manned air vehicle. What you can't do it "loiter" with a drone with intent of privacy invasion. That goes against many peoples belief that what happens on their property behind their fences is private, but in the age of drones, the courts do not extend privacy laws in that case without criminal intent.

Just like you can't sue someone for viewing you on any camera/CCTV/cell phone/etc. outside of your home.

 

[Koda]

to clarify when I think of drones over private property I'm thinking of them low enough to be a nuisance not some drone passing by like an airplane.

note: Causby vs US (1947) the court ruled the "The landowner is entitled to a "buffer zone," to protect him from intrusions that would limit the owner's full enjoyment of the land and limit his ability to exploit it."

When a Drone Flies Over My House, Is It Trespassing?

The age-old laws of trespass run smack up against the power of the FAA to regulate air space.

www.criminaldefenselawyer.com

 

[DirectDrive]

It's entirely legal to overfly any property line with a drone or manned air vehicle. What you can't do it "loiter" with a drone with intent of privacy invasion. That goes against many peoples belief that what happens on their property behind their fences is private, but in the age of drones, the courts do not extend privacy laws in that case without criminal intent.

Just like you can't sue someone for viewing you on any camera/CCTV/cell phone/etc. outside of your home.

"She might have blonde hair, but she's got one black <censored>"

 

[Yarome]

to clarify when I think of drones over private property I'm thinking of them low enough to be a nuisance not some drone passing by like an airplane.
r's full enjoyment of the land and limit his ability to exploit it."

note: Causby vs US (1947) the court ruled the "The landowner is entitled to a "buffer zone," to protect him from intrusions that would limit the owne

I'm not saying there aren't drone operators that don't have ill intent, but claims by property owners are largely subjective and the burden of proof in a nuisance claim is mainly on the property owner. There may be more clearly defined laws and statues in some states, but none that I'm aware of in our area.

Mainly... traversing over a property is considered legal at any elevation above ground. Loitering in the air at a fixed location though could open a drone operator up to some scrutiny. While not "illegal", it coul help establish a nuisance or intent claim againt them.

It's really no different than full on aircraft. You can "claim" that constant overhead flights are a nuisance and prohibits you from full enjoyment of your property, but that typically ain't going to fly in most courts without proving malicious intent.

 

[Koda]

I'm not saying there aren't drone operators that don't have ill intent, but claims by property owners are largely subjective and the burden of proof in a nuisance claim is mainly on the property owner. There may be more clearly defined laws and statues in some states, but none that I'm aware of in our area.

Mainly... traversing over a property is considered legal at any elevation above ground. Loitering in the air at a fixed location though could open a drone operator up to some scrutiny. While not "illegal", it coul help establish a nuisance or intent claim againt them.

I cant help but note a parallel here with the gun control subject. Drones are relatively new technology and while most drone operators are ethical and would never bother someone even if legal, theres a few "bad guys" that will ruin it for the rest. Im guessing at some point there will be laws against flying over houses.

Until then, I hope corner crossing becomes legal presidence. .

 

[GWS]

So black lives matter isn't setting up a new CHAZ somewhere
OK, got it.

 

[Z-PDX]

can we just repeal all the laws on the books and replace them with, "don't be a jerk"

this would be such an easy case.
"sorry landowner, you're being a jerk. next!"

flying a drone over someone's picnic? "you're a jerk. guilty. next."

in the main, Jesus nailed it with the whole, "Love thy neighbor" thing.