Private property vs controlled airspace

[BigAl07]

If you broke no other laws in obtaining the photos (trespassing, safety, Airspace etc) then the photos should be fine so long as they are not deemed to be "sensitive". That's usually reserved for operative power plants, prisons, and housing etc for minors (DSS type stuff). Anything else really has no "Expectation of Privacy" from the air.

If they really want to PUSH the issue and spend the $$ then you have to decide if it's worth the $$ to push back. In the end you might win but still be out your legal fees.

 

[MassGuy]

Something that I came across while researching this issue is according to the FAA, a property owner has a say about anything flying over the property that is lower than the highest structure located there.

 

[Richard R]

Goes back to a decades old ruling that a landowner has rights to whatever airspace he can 'use'. So the height of any structure on a property such as a windmill, antenna tower or even a weathervane could be the determining factor. Shouldn't impact us. Unless you had a specific reason such as tower or roof inspections, probably shouldn't be flying lower than the structures anyway.

 

[MassGuy]

The power plant I was taking pictures of has cooling towers that are about 500’. I took pictures of them from the sides and also straight down into them. I believe the stacks on the plant are at least 400’. The plant has water on three sides so it’s easy to take photos over that then zoom into most of it. Of course it would look like I was in their airspace if I do that.

 

[KMF294]

Thanks you guys for the informative post above. Well this is interesting.

I just became aware of our local city adopting a drone ordinance middle of last year. Link below and my question has to do with this section:
" C.

..... No person shall takeoff, land, or operate a UA on or over private property without the written or electronic consent of the property owner, if the property owner is a person other than the UA operator. When consent to operate a UA is required to takeoff, land, or operate a UA on or over private property, UA operators must have on their possession a copy of the written or electronic consent from the owner of the property, or properties, over which they takeoff, land, or operate a UA. "

Can our city regulate air space over private property? I am taking off from a public right of way and flying over private property. Seems like they are regulating air space that I thought is the FAA's responsibility to regulate in the USA. Is a city allowed to regulate air space beyond the scope of the FAA?

I would like to rebuttal this "flying over private property restriction". By the way, I am flying over undeveloped open space. Thanks for your anticipated feedback.

Municode Library

This was attempted by a city in my area. Take a look at this link. It may answer some of your questions as the matter was already adjudicated in Federal Court. Singer v. City of Newton-(Case Declaring Local Drone Law Illegal) -