This demolition exercise according to a statement issued by the spokesperson of the authority, Sam Adurogboye Tuesday, will similarly affect some banks and financial institutions who have discountenanced NCAA's regulatory requirements on the clearance to erect any high structure within the navigable airspace
Indeed, these difficulties are further compounded by a lack of clarity surrounding what constitutes zones of "navigable airspace
" in which UASs are permitted to operate.
Supreme Court has previously opened the door to this concept by limiting ownership of airspace associated with a parcel of land to the airspace below navigable airspace
to permit commercial aviation.
The prime objectives of the FAA are to promote air safety and the efficient use of the navigable airspace
, as set forth in Title 14 of the Code of Federal Regulations (14 CFR) Part 77.
(44) Moreover, the flights could not and did not effect a taking because they occurred within the navigable airspace
without any physical invasion of the farmer's property.
These requirements include (but are not limited to) height restrictions (such as obstructions affecting navigable airspace
) as defined by the governing civil aviation authorities, the ability to distinguish color of light for visual cues, and light trespass that may interfere with visibility of Air Traffic Control Tower (ATCT) controllers or pilots.
Of course, applying forum doctrine to navigable airspace
is novel, and there are other qualifications to doing so that are discussed below.
Unfortunately, as the number of wind farms multiplied, this solution proved problematic as navigable airspace
"The Fourth Amendment protection of the home has never been extended to require law enforcement officers to shield their eyes when passing by a home on public thoroughfares." (117) Moreover, "the mere fact that an individual has taken measures to restrict some views of his activities [does not] preclude an officer's observations from a public vantage point where he has a right to be and which renders the activities clearly visible." (118) Because the observations were made from "public navigable airspace
during that period carefully defined "navigable airspace
Some courts have relied on the federal definition of" navigable airspace
" to determine which flights could constitute a trespass.