Flying Over Property = Illegal

[alucard13mm]

http://news.yahoo.com/photographer-charged-flying-over-feedlot-124325650.html

GARDEN CITY, Kan. (AP) -- A National Geographic freelance photographer who took pictures of a western Kansas feedlot from a paraglider was charged Thursday with criminal trespassing.


Photographer George Steinmetz, of Glenn Ridge, N.J., and paragliding instructor Wei Zhang, of Beijing, China, were arrested June 28 and briefly detained in the Finney County jail before paying $270 bond. Both were charged with criminal trespassing.


-----------

Does this mean drones are trespassing?
Does it mean I can sue airlines and airplanes that fly over my house?
Does it apply to satellitse that are probably above me right now taking pictures of my yard?

[QuickZ06]

Indoctrinate 101, the government can watch you but you cannot know anything about them.

[tod evans]

Is this setting legal precedent for property rights to extend upward XXX number of feet?

Or maybe precedent that taking digital photos of private property is illegal?

Neither scenario fits well with the surveillance state..

[Schifference]

What about Google Earth and other Satellite maps/images?

[CPUd]

Before airplanes, property ownership includes air space and space below the surface. Today in the U.S, the FAA controls all airspace above a reasonable threshold by claiming it as sovereign airspace of the U.S.

See 49 USC § 40103 - Sovereignty and use of airspace
http://www.law.cornell.edu/uscode/text/49/40103

[kathy88]

This may open up some interesting case law for revamping.

[Keith and stuff]

http://news.yahoo.com/photographer-charged-flying-over-feedlot-124325650.html
-----------

Does this mean drones are trespassing?
Does it mean I can sue airlines and airplanes that fly over my house?
Does it apply to satellitse that are probably above me right now taking pictures of my yard?
No, no and no. Well, you could try to sue an airline but not only might the case get thrown out, you might have a large fee to pay.

[69360]

I believe it's the picture taking that will get you the trespass charge, not the overflight.

[amy31416]

Can I fly a kite on my property? I wonder when it stops being my property....

[oyarde]

Can I fly a kite on my property? I wonder when it stops being my property....

Yes you can . another couple yrs it will be time in March for you to get one for the youngster.

[oyarde]

I believe it's the picture taking that will get you the trespass charge, not the overflight.

Hell yes .

[madengr]

Before airplanes, property ownership includes air space and space below the surface. Today in the U.S, the FAA controls all airspace above a reasonable threshold by claiming it as sovereign airspace of the U.S.

See 49 USC § 40103 - Sovereignty and use of airspace
http://www.law.cornell.edu/uscode/text/49/40103

For a few years, airlines would not serve booze while flying over KS.

[Anti Federalist]

Good.

You have no right to take pictures of me or my property without my consent, especially when used for publication, posting to the internet or FarceBook, or to slander me or use against me as evidence.

[Anti Federalist]

////

[enoch150]

I think it's unlikely they were arrested for paragliding or taking pictures.


Finney County Sheriff Kevin Bascue told The Hutchinson News that Steinmetz and Zhang didn't get permission to launch their paraglider from private property and didn't tell anyone they were going to take photos over a feedlot that's filled with thousands of cattle.

A feedlot employee alerted authorities when he saw the paraglider and also said an unknown vehicle was parked on the ranch.

[QuickZ06]

Good.

You have no right to take pictures of me or my property without my consent, especially when used for publication, posting to the internet or FarceBook, or to slander me or use against me as evidence.

Yep, but your government says otherwise Mundane.

[mrsat_98]

Good.

You have no right to take pictures of me or my property without my consent, especially when used for publication, posting to the internet or FarceBook, or to slander me or use against me as evidence.


p96
i 54
c18
t120
u126
r108
e30
s114
______
666 (http://www.gematrix.org/?word=pictures)

[Matt Collins]

This may open up some interesting case law for revamping.

Exactly, especially if the Feds get involved.

Cato did a recent podcast on drones and it discussed exactly this.

In some cases it is ok for you to send a drone over someone's property, and even if it's only a few inches from the ground, as long as it's not touching the property, then it is legal. The courts tend to use the idea that, if it's visible from the public then you have no expectation of privacy.



I'm not a legal expert, but I think this case does have the potential to go somewhere, at least I hope it does.