Is flying a Drone illegal?

Very informative, but I think the potential significance of state and local laws needs emphasis. For example, if you fly drone over private property in Oregon w/o permission, the property owner may recover "punitive damages" plus attorney's fees.
 
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Very informative, but I think the potential significance of state and local laws needs emphasis. For example, if you fly drone over private property in Oregon w/o permission, the property owner may recover "punitive damages" plus attorney's fees.
Yikes, really? Can you send me a link to that, please? (I regularly fly in Oregon)
 
Very informative, but I think the potential significance of state and local laws needs emphasis. For example, if you fly drone over private property in Oregon w/o permission, the property owner may recover "punitive damages" plus attorney's fees.
That goes back to the 'fact' that only the FAA can regulate the airspace. Local laws are relegated to only where you can takeoff/land from. But the issue is that they can do it until challenged and the law is overturned.

And "if you fly drone over private property in Oregon w/o permission, the property owner may recover "punitive damages" plus attorney's fees" would have to be VERY strictly defined and difficult to enforce. For example. at what height are they claiming the property extends? What about military drones? At what weight are they classifying their law is enforced? Is it OK for a manned heli to hover at 500' with cameras and a zoom lens that could read the color of your eyes? Who determines the drone was over the property and proves it? Anyone that has flown much knows that it can be very deceptive where you think you are flying over then load the mission back and see the actual track. Can a homeowner just say ; Hey it went over my property line and I want money!"
 
One thing regarding the privacy issue that I never really hear brought up... it's not just the device flying (and where it is physically located in they sky)...it's also the power of the optics.

Is it just the fact that the device/uav is "visible" that freaks people out? Or is it that they fear what you can see from it?

What if I could fly 10,000 feet above your property and zoom in with super duper high resolution detail? Satellites are routinely flying over your house and mapping it, in MUCH greater detail than google maps/earth displays. You can see grains of sand. There are military uav's that do the same thing. So, what is the "privacy" concert REALLY about? If it's about being seen, you lost that privacy many, many years ago and it will not return.
 
One thing regarding the privacy issue that I never really hear brought up... it's not just the device flying (and where it is physically located in they sky)...it's also the power of the optics.

Is it just the fact that the device/uav is "visible" that freaks people out? Or is it that they fear what you can see from it?

What if I could fly 10,000 feet above your property and zoom in with super duper high resolution detail? Satellites are routinely flying over your house and mapping it, in MUCH greater detail than google maps/earth displays. You can see grains of sand. There are military uav's that do the same thing. So, what is the "privacy" concert REALLY about? If it's about being seen, you lost that privacy many, many years ago and it will not return.
That;s been my argument as well Steve for some time. All this privacy stuff just coming up, but aircraft & helis have been flying with high powered cameras almost as long as planes have been flying.
 
One thing regarding the privacy issue that I never really hear brought up... it's not just the device flying (and where it is physically located in they sky)...it's also the power of the optics.

Is it just the fact that the device/uav is "visible" that freaks people out? Or is it that they fear what you can see from it?

What if I could fly 10,000 feet above your property and zoom in with super duper high resolution detail? Satellites are routinely flying over your house and mapping it, in MUCH greater detail than google maps/earth displays. You can see grains of sand. There are military uav's that do the same thing. So, what is the "privacy" concert REALLY about? If it's about being seen, you lost that privacy many, many years ago and it will not return.



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That goes back to the 'fact' that only the FAA can regulate the airspace. Local laws are relegated to only where you can takeoff/land from. But the issue is that they can do it until challenged and the law is overturned.

And "if you fly drone over private property in Oregon w/o permission, the property owner may recover "punitive damages" plus attorney's fees" would have to be VERY strictly defined and difficult to enforce. For example. at what height are they claiming the property extends? What about military drones? At what weight are they classifying their law is enforced? Is it OK for a manned heli to hover at 500' with cameras and a zoom lens that could read the color of your eyes? Who determines the drone was over the property and proves it? Anyone that has flown much knows that it can be very deceptive where you think you are flying over then load the mission back and see the actual track. Can a homeowner just say ; Hey it went over my property line and I want money!"

Yes, law enforcement helicopter may hover 400 feet over your house to see if you are growing illegal substance, and EPA may overfly your property with high tech cameras to see if you are illegally polluting without violating the Fourth Amendment according to SCOTUS. See Florida v Riley, 488 U. S. 445 (1989) and Dow Chemical Co. V. United States, 476 u.s. 227 (1986).

But whether something is an illegal search and seizure under the 4th Amendment has limited relevance to whether private actors may be held civilly liable for violation of state or local property trespass or nuisance laws.
 
I better stop sunbathing naked in my backyard ;)

Or remain perfectly still at all times to avoid motion trackers...

The issue of who owns the air over private land and what constitutes a trespass is not a new one. The SCOTUS reviewed the claim of a chicken farmer who sued the US for flying military planes as low as 83 feet over his property in the oft cited case of US v Causby, 328 U.S. 256 (1946). The farmer claimed the regular flights caused his chickens to panic and hurl themselves against the walls of the coop causing death and injury.

The farmer relied on the ancient maxim that he who owns the land owns all ground below and up to the heavens above. The SCOTUS agreed that if a landowner is to have full enjoyment of his land "he must have exclusive control of the immediate reaches of the enveloping atmosphere." But, that extending such ownership to the literal heavens was impractical in modern world with defined navigable airspace. The court did not say exactly how far the landowner should expect his air rights to extend but it was definitely more than 83 feet. US was ordered to pay fair compensation for the easement in order to continue flying.
 
One thing regarding the privacy issue that I never really hear brought up... it's not just the device flying (and where it is physically located in they sky)...it's also the power of the optics.

Is it just the fact that the device/uav is "visible" that freaks people out? Or is it that they fear what you can see from it?

What if I could fly 10,000 feet above your property and zoom in with super duper high resolution detail? Satellites are routinely flying over your house and mapping it, in MUCH greater detail than google maps/earth displays. You can see grains of sand. There are military uav's that do the same thing. So, what is the "privacy" concert REALLY about? If it's about being seen, you lost that privacy many, many years ago and it will not return.
However, you are not the government nor the military, therefore you are still under the civilian law. If it said you can't then you can't unless you can change the law.
 
However, you are not the government nor the military, therefore you are still under the civilian law. If it said you can't then you can't unless you can change the law.
Maybe someone should inform them, then, of the laws so they (government) don't continue to break them lol.
 
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Very informative, but I think the potential significance of state and local laws needs emphasis. For example, if you fly drone over private property in Oregon w/o permission, the property owner may recover "punitive damages" plus attorney's fees.
I think such a law is ripe for challenge, the FAA would most likely back you on that.
 

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