Closely related to trespass and nuisance is the ad coelum rule (96)--one who owns the surface owns upward and downward indefinitely.
The second reason that the denial of the ad coelum rule is misleading is that it still operates for other types of invasions, including in lower airspace.
Justice Douglas, however, writing for the Court, stated that the ad coelum
doctrine "has no place in the modern world.
Homesteading, Ad Coelum
, Owning Views and Forestalling," The Social Sciences 3, no.
This legal principle stems from the latin maxim, cuius est solum eius est usque ad coelum
et ad inferos, which roughly translated means: for whoever owns the soil, it is theirs up to heaven and down to hell.
ferae naturae view nor the ad coelum view--but adamant that extraction
following the conventional ferae naturae view, the ad coelum view, or a
Sodomy was considered one of those frightful sins which cry to heaven for vengeance, according to the ancient adage: "Clamat ad coelum
vox sanguinis et sodomorum, vox oppresso rum, merces detenta laborum.
4, Milton quotes Du Moulin's statement in the Regii Sanguinis Clamor ad Coelum
that Salmasius is going to level an new attack upon Milton, and literally 'blow his horn', post haec prooemia tubam terribilem inflabit [Greek Text Omitted] ille Salmasius, 'after these preludes, that wonderful Salmasius will blow a terrible trumpet'.
The ferae naturae view suggests that subsurface pooled resources are commons property, while the ad coelum
view treats subsurface pooled resources as private property.
This Article then applies the cognitive theory of property to longstanding puzzles like the role of baselines--such as nemo dat ("one cannot give that which one does not have") and ad coelum
("one who owns the soil owns to the heavens above and the depths below")--the notion of title, and the function of equity as a safety valve for the law.
The Struggle to Control Airspace from the Wright Brothers On, UCLA law professor Stuart Banner examines how the united states moved from the ad coelum
rule to the current regime, under which landowners have no right to the sky above them, anyone (with government permission) can fly most anywhere, and governments assume the right to limit access to the air however they see fit.