| United States v. Causby | |
|---|---|
 | |
| Argued May 1, 1946 Decided May 27, 1946 | |
| Full case name | United States v. Causby[1] |
| Citations | 328 U.S. 256 (more) 66 S. Ct. 1062; 90 L. Ed. 1206 |
| Case history | |
| Prior | 104 Ct. Cls. 342, 60 F. Supp. 751, reversed and remanded. |
| Holding | |
| 'a landowner's domain includes the lower altitude airspace, but that property does not extend "ad coelum" (indefinitely upward). | |
| Court membership | |
| |
| Case opinions | |
| Majority | Douglas, joined by Reed, Frankfurter, Murphy, Rutledge |
| Dissent | Black, Burton |
| Jackson took no part in the consideration or decision of the case. | |
United States v. Causby, 328 U.S. 256 (1946), was a landmark United States Supreme Court decision related to ownership of airspace above private property. The United States government claimed a public right to fly over Thomas Lee Causby's farm located near an airport in Greensboro, North Carolina. Causby argued that the government's low-altitude flights entitled him to just compensation under the Takings Clause of the Fifth Amendment.[2]
The Court held that a taking had occurred, but nullified the common law doctrine that ownership of property extended indefinitely upward. The court also affirmed that navigable airspace was public domain and held that flights which are so low and frequent as to be a direct and immediate interference with the enjoyment and use of real property constitute a taking. Much of the holding has been superseded by more recent cases and changes in the regulations relied upon.[3]
- ^ 328 U.S. 256 (1946)
- ^ Huebert, Jacob H. (2011-04-18) Who Owns the Sky?, Mises Institute
- ^ "Branning v. United States, 654 F.2d 88 (Fed. Cir. 1981)".