Flight in aircraft over the lands and waters shall be lawful unless at such a low altitude as to interfere with the then existing reasonable use to which the land or water or space over the land or water is put by the owner of the land or water or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.
(Ga. L. 1933, p. 99, § 1; Code 1933, § 11-101.)
Law reviews.- For note, "A Study of the Development and Current Status in Georgia of Inverse Condemnation Suits by a Landowner for Taking by Aerial Flights," see 2 Ga. St. B.J. 232 (1965).
JUDICIAL DECISIONS
Landowner is "preferred claimant" to airspace.
- Owner of land is "preferred claimant" to airspace above land, and is entitled to redress for any use thereof which results in injury to the owner and the owner's property. Delta Air Corp. v. Kersey, 193 Ga. 862, 20 S.E.2d 245 (1942); Scott v. Dudley, 214 Ga. 565, 105 S.E.2d 752 (1958); Chronister v. City of Atlanta, 99 Ga. App. 447, 108 S.E.2d 731 (1959).
Owner's title and right to control airspace above buildings.
- Owner of land has title to and a right to control airspace above the land to a distance of at least 75 feet above buildings thereon (but the title to airspace above land is not necessarily limited to altitude of that height). Scott v. Dudley, 214 Ga. 565, 105 S.E.2d 752 (1958).
Flights not interfering with owner's existing reasonable use of land.
- Flights over lands at such height as not to interfere with then existing reasonable use thereof by owner cannot be said to constitute trespass or nuisance. Delta Air Corp. v. Kersey, 193 Ga. 862, 20 S.E.2d 245 (1942); Scott v. Dudley, 214 Ga. 565, 105 S.E.2d 752 (1958).
Frequent flights at altitudes of 50 to 75 feet constitute continuing nuisance.
- When at least 75 flights were made over plaintiff's school building daily at altitudes of 50 to 75 feet, which was just over the treetops, and when the danger necessarily created thereby to the lives and safety of those occupying the premises, the noise and vibration caused thereby, and the distracting effect on the students made further operation of the plaintiff's school impracticable, such substantially lessened the right to enjoy freely the use of the property and a continuing nuisance was established which equity would enjoin. Scott v. Dudley, 214 Ga. 565, 105 S.E.2d 752 (1958).
RESEARCH REFERENCES
Am. Jur. 2d.
- 8 Am. Jur. 2d, Aviation, §§ 1 et seq., 166.
4 Am. Jur. Pleading and Practice Forms, Aviation, § 2 et seq.
C.J.S.- 2A C.J.S., Aeronautics and Aerospace, § 1 et seq, § 8 et seq.
ALR.
- Aeroplanes and aeronautics, 83 A.L.R. 333; 99 A.L.R. 173; 155 A.L.R. 1026.
Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.
Validity, construction, and application of state criminal statute prohibiting reckless operation of aircraft, 89 A.L.R.3d 893.
Airport operations or flight of aircraft as constituting taking or damaging of property, 22 A.L.R.4th 863.
Strict liability, in absence of statute, for injury or damage occurring on the ground caused by ascent, descent, or flight of aircraft, 73 A.L.R.4th 416.