Venue: |
SCOTUS
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Facts: |
Planes fly over the home. Chickens are destroyed by flying into
walls. Access to airspace is regulated by congress. |
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Posture: |
Court of claims finds an easement was taken. |
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Issue: |
Is this a taking? |
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Holding: |
Yes. But maybe not a permanent one, so reversed and remanded. |
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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. |
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Reasoning: |
Ownership trumps the congressional act, because this is
constitutional. |
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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. |
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