United States v. Causby

1946

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.