United States v Causby
1946 · 328 US 256
Posted By lanbuk.com
- Facts
- Military aircraft flew so low over a chicken farm beside an airport that the noise and lights destroyed the use of the land as a commercial farm. The owners said the flights were a taking of their property.
- Issue
- Does ownership of land include unlimited ownership of the air above it?
- Held
- The Supreme Court held that the old phrase had no place in the modern world. Frequent low flights that destroyed the use of the land were a taking. High, ordinary flight was not.
- Principle
- The landowner owns as much of the superjacent airspace as he can use in connection with the land. The air above that is a public highway.
- Why it matters
- With Bernstein, it is cited to retire the unlimited reading of .
Words and Latin in this note
- Cuius est solum
- 'Who owns the soil owns up to the heavens and down to the depths.' A colourful phrase. It does not give the owner a claim for every overflight. The right stops at the airspace needed for ordinary use of the land. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.