| Venue: | SCOTUS |
| Facts: | Planes fly over the home. Chickens are destroyed by flying into walls. Access to airspace is regulated by congress. |
| Posture: | Court of claims finds an easement was taken. |
| Issue: | Is this a taking? |
| Holding: | Yes. But maybe not a permanent one, so reversed and remanded. |
| Rule: | In general, flights over private land aren't a taking unless they are so low and frequent that they constitute an immediate interference with enjoyment of the land. |
| Reasoning: | Ownership trumps the congressional act, because this is constitutional. |
| Dicta: | Black (dissenting): Oh, come on. Noisy automobiles on a nearby highway aren't interfering with ownership. We're going to mess up congress's ability to regulate the airspace if we go this route. |