Airspace Ownership Controversies in the United States: A Concise History

Abstract

Ownership and control of airspace has long been a controversial, confusing, and difficult area of study within aviation law. Throughout the twentieth century, there was copious debate surrounding the rights of property owners and the authority of aviation regulatory agencies to govern airspace. The invention of the airplane and a burgeoning concern about aerial trespass vigorously fueled that debate. In the contemporary context, airspace ownership questions center primarily on debates over low-altitude airspace and subsequent legal remedies available for improper use, illegal entrance, or unwanted occupation of that airspace. This review examines the history of airspace ownership controversies in the United States through an analysis of legal cases, scholarly debates, academic journal articles