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FORUMS General Discussions Politics DHS Drones over the US
TOPIC: DHS Drones over the US
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Robert: Again you display just how fucking stupid and ill informed you are. But you are someone who lives in your parent's basement... The ownership of the airspace over property is vested in the several owners of the lands below. However, this ownership is subject to the statutory right of overflight[i]. The air is generally a public highway and the airspace overhead is part of the public domain[ii]. But, if a landowner is to have full enjoyment of his/her land, s/he must have exclusive control of the immediate reaches of the enveloping atmosphere[iii]. Accordingly, a landowner is protected against intrusions in the airspace immediate and direct as to subtract from the owner’s full enjoyment of the property and to limit his/her exploitation of it[iv]. The rule is that the landowner owns not only as much of the space above the ground as s/he occupies but also as much thereof as s/he may use in connection with the land[v]. However, this right is not fixed. It varies with the varying needs and is coextensive with them[vi]. Thus, a landowner’s property interest in the land extends to the airspace directly over the property, to the extent that the airspace can be used to benefit the underlying land[vii]. The fact that s/he does not occupy it in a physical sense, by the erection of buildings and the like, is not material[viii]. The dividing line between the portion of the airspace in the public domain and the portion protected as an incident of land ownership against invasions by aircraft, is the line delineated by the Federal Aviation Administration as the minimum safe altitude of flight[ix]. The common law stance on the relative rights of the landowner and the aviator to the use of air space above the surface of the earth is that an unprivileged intrusion in the space above the surface of the earth, at whatever height above the surface, is a trespass[x]. An entry above the surface of the earth, in the air space in the possession of another, by a person who is traveling in an aircraft, is privileged if the flight is conducted[xi]: ¦for the purpose of travel through the air space or for any other legitimate purpose, ¦in a reasonable manner, ¦at such a height as not to interfere unreasonably with the possessor’s enjoyment of the surface of the earth and the air space above it, and ¦in conformity with such regulations of state and federal aeronautical authorities as are in force in a particular state. Flights over private land are not a taking, unless they are so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land[xii]. Thus, a temporary invasion of airspace by aircraft over land of another is privileged so long as it does not unreasonably interfere with persons or property on the land[xiii]. Flight by aircraft in the airspace above the land of another is a trespass, only if[xiv]: ¦entry into the immediate reaches of the airspace next to the land is involved, and ¦entry interferes substantially with the owner’s actual use and enjoyment of his land.

Tulare CA
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And what the hell are you doing hanging out in elementary schools?

Sanford NC
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Robert, maybe you should stop hanging out in bathroom stalls, then you might not think you are reading the writings elsewhere. Is that where you hid out from the mean old bullies that picked on you?

Sanford NC
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Fjep:

Please provide comments which are not found in the bathroom stalls of an elementary school.

Hazle Township PA
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Soooo Robert how many people do you track of a night by their heat signatures? Been playing "Call of Duty" again?

Sanford NC
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But of course our enemies will try to adapt. But what they don't realize is that our drones can track them by their heat signatures during the night and I am sure that the drones will improve to see through the moving carpet.

at best a short term fix. Props to them for discovering it, but I think WWII saw the use of camouflage long before these terrorist.

Hazle Township PA
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RDY, I Never really worry about People who pose with things or items they really never own or obtain on thier own accord.

Just like I never get too concerned with people who sneak around pretending to be something they are not, It makes me wonder how pathetic the life they live , if they have to try to fool others into accepting them.

The difference between you and I is I lack the envy You appear to have issues dealing with. I am sorry that At my age I have accomplished more in life that you have in your many advanced years . But hey there is still hope Obammy is going to level the playing field, Well he tells you that, But I hope you have a better plan than that....

Burlingham NY
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RDY2, Now I have NEVER listed as Bi, I do not have an alternative profile Where I list as Bi either. So I am not sure what your reference about cuking on something comes from, Are you confused again?

Maybe if you Cut back on the sugar....... Or coors lights .

Burlingham NY
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Mark:

You the home owner don't have air space, however you do have the right to being made whole for the property damage.

If what you have stated is the whole story, then I would have sided with the property owner in the suit for the damages and false arrest with the statement to the owner that the next time men with guns come to your home... and they are badges officers... Call a lawyer, don't try to chase them off with a broom stick.

Hazle Township PA
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I remember a case more than a few years back in Los Angeles CA. A, LA police helicopter came down very low over a home owners property. The home owner grabbed a broom and waved it at the helicopter. The crew in the helicopter called for back up and the guy was arrested for endangering a flight crew and interfering with a police operation. Not to mention a whole bunch of other charges. It went to Court. The LA, PD had to pay the home owner some very big bucks. He got money out of the pockets of the helicopter crew also. When it was asked: How someone in a helicopter was so close to the ground to someone in their back yard waving a broom they felt threatened, just how close to the ground were they? The crew did not have a good answer. It was also pointed out to the crew if they were that low how much property damage were they doing to the roof and such with the rotor wash. The Court sided with the home owner big time. The air crew had clearly violated the home owners air space, property rights.

Tulare CA
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TOPIC: DHS Drones over the US