Legal TREND. Airspace Easements Taken with Eminent Domain.

What is an airspace easement? an easement taken by an airport 

What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees

What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)

The Westerly Sun | Judge declines to dismiss lawsuit over…

Private Property Rights. Drone Prohibition Over Rural Private Property Reform. Read the Bill + 5 Exceptions.

SB 304 (OK | 2019). would prohibit drones over rural lands by:

  • prohibiting drones flying lower than 400 feet over rural private property

5 enumerated exceptions for drones operated by:

  • state or federal government
  • law enforcement
  • utilities 
  • oil and gas companies
  • a commercial operation authorized by the Federal Aviation Administration

Landowners could provide access to universities operating weather drones.

Talequah Daily Press | Bill would limit drones

 Tulsa Public Radio | Measure Aims…

Local TREND. 3 Types of Ordinances on Drone Regulations & 3 Local Policy Concerns

3 Ways Colorado cities are proposing to regulate drones:

  • Allow residents to shoot down drones (ordinance failed to pass in Deer Trail, CO)
  •  Limit the methods of piloting a drone beyond that which the FAA has already designated (Newton, CO)
  • Greenwood. CO is using existing ordinances prohibit photographs, nuisances & harassment

The local governments raise the following policy reasons:

  • protect the quality of life of residents
  • protect privacy
  • limit recording of concerts and events by drone

 

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TEXAS INTERIM CHARGES. 8. Property Rights + Eminent Domain + Land Use + Land Privacy + Blight

House Committee on County Affairs

#7 Land Development & Floods.  Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas. Additionally, examine whether counties have adequate resources and authority to ensure that new development in unincorporated areas is not susceptible to flooding. 

House Committee on Energy Resources 

#5 Wind Decommissioning & Property Rights. Examine how…

Private Property Rights. Drone Law Requires Local Control Be Included. 5 Bits informed:intel.

Federal drone legislation seeks to provide this broad framework:

  •  secretary of transportation would develop “civil unmanned aircraft policy framework”
  • harmonize time, place and manner from drone use

In addition to broad federal framework, it requires flexibility for local ordinances concerning:

  • more control over protecting residents’ privacy & property rights
  • create low-altitude speed limits
  • establish local no-drone zones

Drone Innovation Act | Rep. Jason Lewis (R-MN)

Morning Consult…

Property Rights. 6 Points from the FAA Drone Rules

The Federal Avaiation Administration finalized the first round of drone rules. 

6 Key Points:

  • Drones must maintain a maximum flight speed of 100 miles per hour and a maximum height/elevation of 400 feet.

  • The drone must remain in the operator’s visual line of sight (using a drone’s camera does not satisfy this requirement).

  • While flight is limited to daytime use, operators will be allowed to fly their drones 30 minutes before official sunrise to 30 minutes after official…

Private Property Rights. Drones Overhead. 3 Arguments For Allowing Drones on Private Property.

  • Curtailing drone use kills innovation
  • Existing legal recourse for the privacy violations touted by drone legislation supporters
  • Keep off my lawn is not governing when  the future of our delivery infrastructure is at stake

The Wall Street Journal | Should You Be Allowed to Prevent Drones From Flying Over Your Property?