Ownership and use of airspace - Emergency landings

(a) The ownership of the space over and above the lands and waters of this state is declared to be vested in the owner of the surface beneath, but this ownership extends only so far as is necessary to the enjoyment of the use of the surface without interference and is subject to the right of passage or flight of aircraft. (b) Flight through the space over and above land or water at a sufficient height and without interference to the enjoyment and use of the land or water beneath is not an actionable wrong unless the flight results in actual damage to the land or water or property thereon or therein or use of the land or water beneath. (c) Flight in aircraft over the lands and waters of this state is lawful, unless at an altitude low enough to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless so conducted as to be dangerous or damaging to persons or property lawfully on the land or water beneath. (d) The landing of an aircraft on the lands or waters of another without his or her consent is unlawful, except in the case of a forced or emergency landing. Acts 1941, No. 457, §§ 8, 9; A.S.A. 1947, §§ 74-108, 74-109.

(a) The ownership of the space over and above the lands and waters of this state is declared to be vested in the owner of the surface beneath, but this ownership extends only so far as is necessary to the enjoyment of the use of the surface without interference and is subject to the right of passage or flight of aircraft.

(b) Flight through the space over and above land or water at a sufficient height and without interference to the enjoyment and use of the land or water beneath is not an actionable wrong unless the flight results in actual damage to the land or water or property thereon or therein or use of the land or water beneath.

(c) Flight in aircraft over the lands and waters of this state is lawful, unless at an altitude low enough to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless so conducted as to be dangerous or damaging to persons or property lawfully on the land or water beneath.

(d) The landing of an aircraft on the lands or waters of another without his or her consent is unlawful, except in the case of a forced or emergency landing.

Acts 1941, No. 457, §§ 8, 9; A.S.A. 1947, §§ 74-108, 74-109.