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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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To: JeffAtlanta
The only air right that you do not have as a property owner is to prevent high flying aircraft from flying over head.

You are 100% mistaken. The "navigable air space" over your house is considered the same as a public highway. The "navigable air space" is determined by federal regulators, and generally starts at 500-1000 feet above your house. You have no rights whatsoever over navigable air space, except as upheld in U.S. versus Causby--namely, the right not to have your use and enjoyment of your property hampered by aerial activity such as scaring your chickens.

Your constant statement about "high-flying aircraft" is nonsense. Private aircraft can also fly over your house, at a typical altitude of 600 feet, and there's nothing you can do about it. Unless the pilot throws a coke bottle out his window and hits you on the head, that is.

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.

I've asked you to learn to read, and I ask you again. The law is perfectly moral. You have no rights beyond your piece of ground, except those necessary to secure your enjoyment of that piece of ground. And that's exactly as it should be. That's moral. And legal. It's one of those amazing cases where law and morality agree. Do you get it now?

346 posted on 12/18/2005 2:52:50 PM PST by Shalom Israel (Well, I got better...)
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