X-No-Archive: Yes
"alexy" wrote in message
...

I'm not sure how clear that is. Isn't there something in the US
Constitution relegating to the states any powers not specifically
reserved to the federal gov't? AFAIK, land use falls into that
category, so is not usurpation of federal authority.

PS I'm not saying that the NJ law doesn't suck -- just that it is
within their powers if that's what the people of the Garden State
want.

Article One, Section Eight, Clause Three of the U.S. Constitution states the
Congress shall have the power "To regulate Commerce with foreign Nations,
and among the several States, and with the Indian Tribes;". This interstate
commerce clause has been widely upheld by the Supreme Court and specifically
has given the Federal Government the exclusive power to regulate aviation.
(It's the same authority the Feds used to give us a 55 mph speed limit on
roads designed for much higher speeds).

Gradually however, the states have shuffled their noses under the tent of
the FAA and NTSB; taxing and regulating aviation activities and pilots. In
Washington state for example, pilots must have a state pilot's license
unless ALL of their flying is done interstate for a commercial carrier or
for the military. Aircraft owners must also register their aircraft with the
state and pay fees for the privilege.

Regulating the use of private or public land as landing strips is just
another backdoor method of regulating aviation. It is similar to recognizing
the right to keep and bear arms and then regulating ammunition or making it
illegal to discharge a firearm. Lawmakers always know more than one way to
skin a cat.

If any of the above is in error, it was written by my evil twin and given to
me in a dream.

Rich S.