Difference between revisions of "Air Rights and Air Space in 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. | 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) | + | : 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== | ==Cross-References== | ||
* [[Missouri]] | * [[Missouri]] | ||
Revision as of 09:26, 6 August 2018
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).
- Drybread v. City of St. Louis, 634 S.W.2d 519, 520 (Mo. Ct. App. 1982)
