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Show SUPREME COURT SAYS: Landlord, and Not the Pilot Has Title to Air over Home WASHINGTON. The landlord has property rights in the air above his home or business, the Supreme court has declared de-clared in a precedent-breaking decision for America's new age of flight. Repeated invasion of low altitude air-space was the basis for the decision. the government should pay them damages, but ruled the claims court should make more extensive findings about facts to determine the amount of the award. First, the high tribunal declared 4 that a landowner has title to as much of the air-space above his property as its use and enjoyment requires. Second, repeated invasion of such air-space by low-flying aircraft air-craft is akin to trespassing and subject to legal redress. The court reached its conclusion by a 5 to 2 decision after looking into the protests of Mr. and Mrs. Thomas Lee Bausby, a North Carolina Caro-lina farm couple whose chickens were so badly scared by army bombers from a nearby airfield they flew into fences and broke their necks. The situation became so bad, Causby said, that he was forced out of the chicken business and his home made uninhabitable, with his family suffering from fright and nervousness. The U. S. court of claims here said the couple was entitled to $2,000 damages. The Supreme court said |
