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  1. #1

    Default Low Flying Aircraft

    Hello
    I live in a residential neighborhood that surrounds a small all-sports lake.
    A man has a home on the lake where he keeps a small piper cub float plane.
    He routinley flies at very low altitudes, just above tree level, and also "hot dogs" at low level over houses. Today he put his plane into a stall over my house, maybe 200 feet, then dove the plane to tree top level and pulled up.
    This man has crashed his plane twice in the last 9 years, once into someones backyard in the neighborhood, and last year into someones front yard at a nearby lake.
    I have his reg number and have complained to the FAA, they gave me the run-around and said i would have to prove he is doing these things and he would just deny it.
    I have sent him a letter to which he didnt respond or change his flying habits.
    What else can i do?

  2. #2
    Join Date
    Sep 2010
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    19,598

    Default Re: Low Flying Aircraft

    What state are you in?

  3. #3
    Join Date
    Sep 2018
    Location
    Ohio
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    379

    Default Re: Low Flying Aircraft

    Video his escapades. The "Air Space" over your property is your rightful ownership just as your lawn is. Now, such is not that a man flying a kite over our house is a violator, see the difference. He is basically trespassing.

    Creating a Nuisance is actionable on your part. Give warning by registered mail, publication, etc. If the conduct persists, you can sue him.

  4. #4
    Join Date
    Sep 2010
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    19,598

    Default Re: Low Flying Aircraft

    Perhaps, perhaps not. You do not own all the airspace over your property. The legal principle is largely that the space above the minimum safe navigation altitudes are in the domain of the federal government and not the individual landowner. Alas, in non-populated areas, that's only 500' from persons, structures, or vessels.

    Since he's landing on a lake, you might have better recourse with regard to the state's rules which is why I asked.

  5. #5

    Default Re: Low Flying Aircraft

    I am in michigan. On what grounds can i sue him? Disturbing the peace?

  6. #6

    Default Re: Low Flying Aircraft

    RJR
    I cannot sign in as aurelieus due to technical mishap, and I wanted to get a response to you in re this:

    There are two arguments on the "Origin of the Species", Evolution and Creationism.

    The best so called "Proof" of Creationism that seems to be evolving is that DNA Coding requires Intelligence, not Evolutionary progression. Thoughts!

    It simply is not a case of either/or, rather, of both/and, i.e., both intelligence and random mutation. Cells/viruses are originally intelligently made and evolve via mutational inaccurate variant replication.

  7. #7
    Join Date
    Oct 2014
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    7,834

    Default Re: Low Flying Aircraft

    Quote Quoting determinatio
    View Post
    RJR
    I cannot sign in as aurelieus due to technical mishap, and I wanted to get a response to you in re this:

    There are two arguments on the "Origin of the Species", Evolution and Creationism.

    The best so called "Proof" of Creationism that seems to be evolving is that DNA Coding requires Intelligence, not Evolutionary progression. Thoughts!

    It simply is not a case of either/or, rather, of both/and, i.e., both intelligence and random mutation. Cells/viruses are originally intelligently made and evolve via mutational inaccurate variant replication.
    Your post appears to relate to a different thread; it certainly has nothing to do with the topic of this thread. I suggest you post it in the appropriate thread.

  8. #8
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    379

    Default Re: Low Flying Aircraft

    Quote Quoting Chickenman0710
    View Post
    I am in michigan. On what grounds can i sue him? Disturbing the peace?
    A lawyer can single out several torts/derivative torts. My law dictionary under Air Rights states the Right is not absolute as to ownership, for example, the Kite action, but..

    The rights are not limitless since, for example, airplanes are allowed to fly at certain altitudes. Conversely, the rights do not allow an owner to pollute the air.
    It cites this case concerning Federal Aviation law. It might give a little insight.

    https://supreme.justia.com/cases/federal/us/328/256/

  9. #9

    Default Re: Low Flying Aircraft

    Quote Quoting Taxing Matters
    View Post
    Your post appears to relate to a different thread; it certainly has nothing to do with the topic of this thread. I suggest you post it in the appropriate thread.
    It is meant for RJR. The correct thread is inoperable due to technical problem. RJR will understand, and, I am simply trying to be polite to RJR and get a response to him regarding his query. That is all.

  10. #10
    Join Date
    Oct 2014
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    7,834

    Default Re: Low Flying Aircraft

    Quote Quoting RJR
    View Post
    It cites this case concerning Federal Aviation law. It might give a little insight.

    https://supreme.justia.com/cases/federal/us/328/256/
    That case involves aviation and does not apply to situations that do not involve aviation. Moreover, it is takings case, which is a particular kind of claim against the government and not the situation the OP has. Still, the statement of the Court as as to flights of aircraft over property does eliminate the old common law rule that the owner of land owns the airspace above his property even to the far reaches of space. Specifically, the court stated:

    The airplane is part of the modern environment of life, and the inconveniences which it causes are normally not compensable under the Fifth Amendment. The airspace, apart from the immediate reaches above the land, is part of the public domain. We need not determine at this time what those precise limits are. 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.

    United States v. Causby, 328 U.S. 256, 266, 66 S. Ct. 1062, 1068, 90 L. Ed. 1206 (1946).

    If the pilot is flying so low over the OP's land that it is below the space the Supreme Court has indicated is part of the public domain then there may be a claim by the OP of trespass. It may be that the OP would have a good claim for nuisance for some of the pilot's actions even without trespass, though apart from a little aggravation I'm having trouble seeing what the OP's damages from it are.


    Quote Quoting determinatio
    View Post
    It is meant for RJR. The correct thread is inoperable due to technical problem. RJR will understand, and, I am simply trying to be polite to RJR and get a response to him regarding his query. That is all.
    The thread I think I belongs to works just fine. I managed to post to it a few minutes ago with no problems.

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