"Ben Sego" wrote in message
...
Richard Riley wrote:
On Wed, 26 Nov 2003 20:58:48 -0800, "C J Campbell"
wrote:

:
:"Orval Fairbairn" wrote in
message

:news ....

snip
:They argue that their property rights extend up into infinity and that
the
ilots are trespassing.
No chance. Isn't this settled law?

At common law, which has been superseded in many cases by statute, one's
real property rights extended upward infinitely. There is some question
whether FAA jurisdiction supersedes the common law.

In NC we have a case pending appeal in which a horse-trainer vet and wife
sued a local airport, calling it a nuisance which depreciated the value of
their property. Plaintiffs received judgment for $358,000, being the amount
appraisers testified the property had diminished in value. Much of the
vet's property is in the landing pattern. The airport was built after the
vet had established his farm and home.