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thelock85 | 21 days ago
Also I’m not a property rights lawyer but I’d contest the idea that you don’t even own an inch or a foot or several feet above your property, otherwise it would be impossible to build up. Please share a source on your “current legal definition” either in North Texas municipality where drone crash occurred or otherwise.
unknown|20 days ago
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unknown|20 days ago
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nomel|20 days ago
No, it was specifically about property damage from a failure during flight, while attempting to traverse a property, with that temporary traversal being legal.
> Please share a source on your “current legal definition” either in North Texas municipality
This is the domain of the FAA. Municipalities have very little power in what they can regulate, because aviation and airspace is federally regulated by the FAA, as made clear, with many examples, in this FAA fact sheet [1]. Restrictions like minimum altitude, for the sake of reasonable privacy, would be ok. Extending that to 400 ft, which is the ceiling that drones can operate, would not.
But, none of this is related to a drone having a failure mid flight, which may caused the drone to dip belowsome local operating altitude restrictions. But, losing altitude from catastrophic failure is not "operating". And, anything related to safety, which is the domain of failure, is entirely regulated by the FAA, which municipalities have zero say in [1]. It was only a scratch because the FAA limited the speed and weight with that in mind.
> I’d contest the idea that you don’t even own an inch or a foot or several feet above your property
They regulate airspace for the purpose of flight. If you extend your house up, then it's no longer airspace that can be flown in. They don't own the space in the air, clearly. But you don't also own the right to that airspace that exists above property, for the purpose of flight. Start with the assumption that the regulations are reasonable.
And, this isn't a just a commercial thing. The drone you buy from the hobby store falls under similar regulations. For slightly relaxed regulations, that these Amazon drones operate under, you get a Part 107 license. Operating altitude limitations don't even change, with the exception that you can exceed the 400ft ceiling while traversing over a 400ft tall building (or 300ft building if local privacy minimum is 100ft).
[1] https://www.faa.gov/sites/faa.gov/files/State-Local-Regulati...
thelock85|11 days ago