This article discusses the present crisis facing the aviation industry. The author states that the expansion of air commerce is essential in orders to provide society with economic gains and cultural benefits. By 1980, it is expected that sixty-two new air carrier airports will be required to meet the forecasted increase in demand. However, aircraft noise, coupled with the public's increasing concern with the environment and with the quieting of life has brought about increasing resistance to aircraft generations. The author suggests that for many years the legal issue which prevailed was not the level of air craft noise but rather the applicability of aircraft flight to common law which stated that he who owns the land owns it to the end of the universe. Although the Supreme Court repected that rule, it did hold that landowners own at least as much of the space above the ground as he can occupy or use in connection with the land. The second important legal issue was where monetary liability was to be placed assuring that flights over private property were so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land. The question of liability was settled bythe Supreme Court in Griggs v Allegheny County. The Court held that the airport operator was liable for whatever air easements are necessary for aircraft to use in the course of landing at and taking off from its runways. It remains to be seen how the courts will interpret the Supreme Court's decision in Griggs in view of the reasonalbe balance required between communities affected by aircraft noise and aircraft site selection, and the continuing need for new air carrier airports to meet the expected growth of aviation.

  • Availability:
  • Corporate Authors:

    American Bar Association

    750 N. Lake Shore Drive
    Chicago, IL  United States  60611
  • Authors:
    • Goldstein, S
  • Publication Date: 1972-6

Media Info

  • Pagination: p. 548-556
  • Serial:
    • Urban Lawyer
    • Volume: 4
    • Issue Number: 3
    • Publisher: American Bar Association
    • ISSN: 0042-0905

Subject/Index Terms

Filing Info

  • Accession Number: 00155521
  • Record Type: Publication
  • Source Agency: Massachusetts Institute of Technology
  • Files: TRIS
  • Created Date: Sep 20 1977 12:00AM