Air Rights and Privacy in the Era of Drones / by kevin murray

The owning of property by the common man is something that many people aspire to have, as the old maxim states, "a man's home is his castle".  The general thought before the age of technology, was that property ownership meant in effect, that the owner owned not only the soil to which his home rest upon, but the sky above.  However, in the advent of the aviation, the air rights above was further defined by court law, so that heights of 500 feet and above, were considered to be "….  a public highway and part of the public domain."  Nowadays, air rights in conjunction with the ready availability and low price-points of drones have changed the game again, and many States are in the process of creating and legislating appropriate rules and regulations for drones, which in the end may ultimately be mandated by the Federal Government, itself.

 

While it is one thing for a drone to simply be traveling from point A to point B, in which during this travel, it flies over your property but does not create a noise issue or any conceivable nuisance issue, nor does the drone take any video or still photography; it is entirely a different matter, however, if a drone flying over your property has camera resolution so precise that it can see and record everything of substance on your property grounds, including but not limited to discovering illegal plants upon your property which would not be discoverable except from an aerial vantage point.

 

It has been said, that "good fences make good neighbors," but in this era of one-upmanship, any neighbor with a few dollars in his pocket can now see exactly what is going on in regards to his neighbor's property through the eyes of a drone.  Further to this point, not only can a drone easily see what is out in the open on your property, but depending upon the sophistication of the camera of the drone, whether windows are open or shut, thermal reading capabilities, night-vision capabilities, and depending upon lighting conditions both internal as well as external, a drone can easily record very intrusive information from inside a home.

 

While for the most part, the worry of one neighbor intruding through the use of a drone of another neighbor is fairly minimal, since in so doing, the risk to reward ratio is rather weak, this mindset does not hold when it comes to the government, and government proxies.  A sophisticated drone, in the hands of the military, paramilitary, or police forces can easily obtain information that is actionable against property owners and will in conjunction with the already impressive arsenal of surveillance tools at their disposal, find great fruition. Those then that are targeted will be at the mercy of agencies that in aggregate will hear everything and see anything, to which there will be no sanctuary.

 

Those that venture out into public space understand that there are rules and regulations that govern that space.  Once the walls of privacy have been successfully breached inside private space, your decisions, your behavior, your rules, your life, have been compromised and are no longer in your control.