The airspace above land is the object of at least five conflicting claims of right. The owner of the land beneath it claims the right to use it and at least a limited right to prevent its use. The aviator demands the right to fly through it. The airport operator, whether governmental agent or private individual, has an interest in keeping it free from obstructions. The state claims sovereignty over it. The federal government claims the power to control it for the purposes of interstate commerce as well as international relations.
Robert K. Eifler S.Ed.,
CONSTITUTIONAL LAW-TAKING PRIVATE PROPERTY FOR PUBLIC USE-CONTROL OF AIRSPACE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol45/iss7/5