United States v. Causby
| United States v. Causby | |
|---|---|
|
|
| Argued May 1, 1946 Decided May 27, 1946 |
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| Full case name | United States v. Causby |
| Citations | 328 U.S. 256 (more)
328 U.S. 256
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| Prior history | 104 Ct.Cls. 342, 60 F.Supp. 751, reversed and remanded. |
| Holding | |
| 'a landowner's domain includes the lower altitude airspace, but that property does not extend "ad coelum" (indefinitely upward). | |
| Court membership | |
| Case opinions | |
| Majority | Douglas, joined by Reed, Frankfurter, Murphy, Rutledge |
| Dissent | Black, Burton |
| Jackson took no part in the consideration or decision of the case. | |
United States v. Causby 328 U.S. 256 (1946) was a United States Supreme Court Decision related to ownership of airspace above private property. The Court held that title to land includes domain over the lower altitudes. The United States Government claimed a public right to fly over Causby's farm, while Causby argued such low-altitude flights entitled the property owner to just compensation under the takings clause of the Fifth Amendment." The findings were two-fold. The court rejected the United States Government's assertion to "possess" and "control" all airspace above private lands, and it nullified the doctrine that property extends indefinitely upward.
Thomas Lee Causby was the owner of a chicken farm that was located less than a half mile from the end of the runway of Lindley Field, an airstrip in Greensboro, North Carolina. During World War II, the United States military flew planes into the airstrip and as low as 83 feet (25 m) above Causby's Farm.
The low-flying military aircraft, terrified Causby's chickens so much that the chickens stopped laying eggs and some ran into the sides of the chicken coop leading to their deaths. Causby lost 150 chickens, and had to stop farming. The federal government offered $2,000 to Causby for an air easment, but Causby considered it too little. Causby sued the government for compensation under the Fifth Amendment's takings clause and won in the lower courts.
Under common law, a person who owns the soil also owns the space indefinitely upward. ":ad coelum or to the heavens".
In defense, The US referenced the 1926 Air Commerce Act in which the US government claimed to 'possess' all airspace.
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