Air Rights and Air Space in Missouri - Revision history

Davidjenkins: /* Overview */

2018-08-06T17:27:03Z

‎Overview

Davidjenkins: /* Overview */

2018-08-06T17:26:42Z

‎Overview

Davidjenkins: Created page with "==Overview== There is very little in the way of case law or statutes in Missouri regarding the use of air space or rights to the space above any real property. As in all oth..."

2018-08-06T17:26:04Z

Created page with "==Overview== There is very little in the way of case law or statutes in Missouri regarding the use of air space or rights to the space above any real property. As in all oth..."

New page

==Overview==

There is very little in the way of case law or statutes in Missouri regarding the use of air space or rights to the space above any real property. As in all other states, much of what can be done a certain level above a property is preempted by federal law.

: In United States v. Causby, 328 U.S. 256, 261, 66 S.Ct. 1062, 1065, 90 L.Ed. 1206 (1946) 1.c. 261, the Court held that the air is a public highway. The air above the land does not belong to the landowner to the extent it is “navigable airspace.” That phrase means “airspace above the minimum altitudes of flight prescribed by regulations issued under this chapter, and shall include airspace needed to insure safety in take-off and landing of aircraft.” 49 U.S.C. s 1301(29) (Supp. III 1979 <u>Drybread v. City of St. Louis</u>, 634 S.W.2d 519, 520 (Mo. Ct. App. 1982)

==Cross-References==
* [[Missouri]]

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 There is very little in the way of case law or statutes in Missouri regarding the use of air space or rights to the space above any real property.  As in all other states, much of what can be done a certain level above a property is preempted by federal law.
-: In United States v. Causby, 328 U.S. 256, 261, 66 S.Ct. 1062, 1065, 90 L.Ed. 1206 (1946) 1.c. 261, the Court held that the air is a public highway. The air above the land does not belong to the landowner to the extent it is “navigable airspace.” That phrase means “airspace above the minimum altitudes of flight prescribed by regulations issued under this chapter, and shall include airspace needed to insure safety in take-off and landing of aircraft.” 49 U.S.C. s 1301(29) (Supp. III 1979).
+: "In United States v. Causby, 328 U.S. 256, 261, 66 S.Ct. 1062, 1065, 90 L.Ed. 1206 (1946) 1.c. 261, the Court held that the air is a public highway. The air above the land does not belong to the landowner to the extent it is “navigable airspace.” That phrase means “airspace above the minimum altitudes of flight prescribed by regulations issued under this chapter, and shall include airspace needed to insure safety in take-off and landing of aircraft.” 49 U.S.C. s 1301(29) (Supp. III 1979)."
 :<u>Drybread v. City of St. Louis</u>, 634 S.W.2d 519, 520 (Mo. Ct. App. 1982)
 ==Cross-References==
 * [[Missouri]]