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To: JeffAtlanta
Yes it does. The owner of a property also has subsurface (mineral) rights and air rights unless they have been sold off or "severed".

Please learn to read. I said "upward into the heavens". The heavens, while not precisely defined as to altitude, are higher than the altitude of high-flying aircraft. I have no property rights governing air traffic lanes over my home.

What you call "air rights" are what I already described as the right not to have my house buzzed by commercial planes. That is, your only rights above the earth's surface are those necessary to the enjoyment of your possession on the earth's surface. That's been the US law since U.S. v. Causby in 1946. Your rights prevent airplanes from scaring your chickens, making excessive noise, dropping bolts on your head, etc., and that's it.

Hopefully it's clear, though, that this is in fact the correct moral interpretation of property rights. What's incongruous is that you still own the rights to the land under your house, down to the core--except that your grandaddy probably sold those rights to an oil company.

340 posted on 12/18/2005 2:41:07 PM PST by Shalom Israel (Well, I got better...)
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To: Shalom Israel
Your rights prevent airplanes from scaring your chickens, making excessive noise, dropping bolts on your head, etc., and that's it.

The only air right that you do not have as a property owner is to prevent high flying aircraft from flying over head. This is just a technicality though as the government could just as easily obtain an easement for air traffic.

What you do have to the right to do is to sell the air rights to a neighboring property at a huge profit.

From your posts, you imply that your lack of power to prohibit high flying aircraft from flying overhead has robbed the nation of its morality in regard to property rights.

344 posted on 12/18/2005 2:47:18 PM PST by JeffAtlanta
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