A Drone Flies Over Your Backyard – Is That Trespassing?
It's Sunday afternoon and the neighbor kid's drone comes buzzing over your yard, maybe 50 feet overhead. Like any good lawyer you ask yourself, "Is this drone flight violating my airspace?" (If you're a really good lawyer, you refer to "airspace" as "vertical curtilage.")
The short answer is yes, writes Elizabeth Austermuehle in the April ISBA Real Property newsletter. "[I]n the absence of federal or state regulations granting drones the right to fly over private property without the property owner's permission, drones do not have the right to do so," she writes. Though Illinois has passed legislation ordering up a task-force report on drone regulation (due July 2017), state law does not currently regulate drone use.
As for federal law, the FAA has long permitted flights over private property in "navigable airspace," which generally applies to the space 500 feet and higher above ground, Austermuehle writes. But it hasn't had much to say about drones - at least not until June 2016, when the agency "released its first operational rules for routine use of small [unmanned aircraft systems]," she writes. "The rules offer safety regulations for UAS weighing less than 55 pounds conducting non-hobbyist operations. Among other things, the rules require drone operators to keep the drones within their visual line of sight and prohibit flights over unprotected people on the ground who are not directly participating in the UAS operation."


Don’t miss ISBA’s final installment of the Family Law Table Clinic Series! Join us in Chicago on May 18, 2017 as our speakers offer informal table top presentations on a number of key family law topics, including how to understand financial statements, personal returns, operating agreements, and LLC returns; proving marital and non-marital characterization; maintenance issues; property division; issues with pension and retirement asset division; and more. This interactive innovative CLE format gives you ample opportunity to ask questions, clarify issues, and discuss concerns with faculty members at the end of each presentation. Attendees move from table to table throughout the day, gaining the perspective of both experienced and newer attorney speakers throughout each 30 minute table clinic. The series is open to all levels of practice experience, but designed with attorneys new to family law (or who need a refresher) in mind.