SOME LEGAL ASPECTS OF AIR RIGHTS AND LAND USE

COMMON LAW DOCTRINE OF LAND OWNERSHIP HELD THAT THO WHOMSOEVER THE SOIL BELONGS, HE OWNS ALSO TO THE SKY AND TO THE DEPTHS. JUSTICE DOUGLAS HAS HELD THAT THE LANDOWNER OWNS AT LEAST AS MUCH OF THE SPACE ABOVE THE GROUND AS HE CAN OCCUPY OR USE IN CONNECTION WITH THE LAND. HOWEVER, RECENT FEDERAL PROBLEMS IN CONNECTION WITH URBAN DEVELOPMENT AND HIGHWAY CONSTRUCTION INDICATE THAT THE RECOGNITION OF SEPARATE OWNERSHIP AND DOMINION OF AIR SPACE MIGHT BE MORE PRACTICAL. THIS APPROACH OPENS UP VAST OPPORTUNITIES FOR MULTI-PURPOSE USE AND DEVELOPMENT OF LAND IN CONGESTED URBAN AREAS. AN INVALUABLE TOOL IS PROVIDED FOR THOSE AT THE NATIONAL, STATE AND LOCAL LEVEL CONCERNED WITH THE PLANNING OF IMPROVEMENTS IN URBAN AREAS AND IN THE PLANNING OF URBAN DEVELOPMENT AND RENEWAL, AS THIS CONCEPT PERMITS A VARIETY OF USES IN THE SAME LAND AREA, EACH COMPATIBLE WITH THE OTHER AND ALL COMPATIBLE WITH A COMMUNITY'S PLAN OF DEVELOPMENT. THE AUTHOR IS CONFIDENT THAT WORKABLE SOLUTIONS TO THE PROBLEMS WILL BE FOUND WITHIN THE FRAMEWORK OF THE COMMON LAW AND IMPLEMENTING STATUTES.

  • Supplemental Notes:
    • Vol 25, No 2, PP 167-176
  • Authors:
    • Crawford, H J
  • Publication Date: 1965

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  • Accession Number: 00238417
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 16 1994 12:00AM