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Comment by retrac

That depends on whether you consider the air to be part of the property or not. When aviation was invented it was a widespread legal and philosophical thought that the owner of property owned the air above the property. "Cuius est solum, eius est usque ad cœlum et ad inferos" - he who owns the soil has from from Heaven to Hell. So pilots would have to get permission from each property owner they wanted to fly over. From that perspective, a satellite or aircraft flying overhead is trespassing. We didn't go that way. Governments legislated and took seizure of the air as common rights of way, and curtailed private property rights when they did so. It's probably better that way. But there's a certain logic to the old ad cœlum definition.

https://en.wikipedia.org/wiki/Air_rights

https://en.wikipedia.org/wiki/Cuius_est_solum,_eius_est_usqu...

parent retrac 8 days ago

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