Edition: Model Aviation - 1982/10
Page Numbers: 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98
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AMA News

THE FLIER AND HIS/HER NEIGHBORS

The question of flying "rights" comes up periodically and often hinges on recovery of a downed aircraft on a neighbor's land. Other aspects of rights relate to the airspace over land bordering our flying fields and the legitimacy of complaints from neighbors when models are flown over their property.

To give AMA members more clearly defined guidelines, we consulted our Washington-based attorneys and requested a written opinion on general matters of trespass. This is general information only. In actual cases you should obtain LOCAL counsel, because local attorneys know local conditions, laws, and precedents. The Academy cannot provide legal advice; we issue this information to draw attention to matters that can affect your hobby/sport.

Dear Mr. Styles:

Prohibitions against trespass to land extend beyond uninvited entry on foot or in a vehicle. Trespass also occurs when there is an uninvited entry into the airspace above another's property or by burrowing beneath another's property. This follows the old common-law rule that land ownership allows the owner the right to use and enjoy the extent of his real property "from the heavens to the depths." Therefore, flying a model aircraft into airspace owned by another without the landowner's prior permission violates the landowner's right to the quiet use and enjoyment of his property and can constitute trespass (Prosser on Torts, 4th Ed., 1971).

Currently three theories of recovery are available to landowners seeking redress for trespass to their land; the applicability of these theories varies from state to state:

  1. Zoned Airspace Theory
  • The airspace over property is divided into two zones.
  • The upper zone begins at an altitude beyond potential use by the landowner—high enough that the landowner's expected enjoyment of his property could not be disturbed.
  • The lower zone is that portion of airspace the landowner uses and where he has a reasonable expectation of quiet enjoyment.
  • Uninvited entry into the lower zone is actionable trespass.
  1. Absolute Upward Ownership Theory
  • Recognizes unlimited ownership upward; ownership extends indefinitely.
  • Such absolute ownership may be disturbed only by a flight privilege comparable to that given for navigable streams running through private property.
  • Therefore, airplanes and similar aircraft may pass over private property with immunity from trespass actions under this theory (typically intended for navigable aircraft).
  1. Nuisance/Loss-of-Enjoyment Theory
  • Parallels the doctrine of nuisance.
  • If invasion of airspace harms the landowner's right to quiet enjoyment or use, an action (trespass or nuisance) may lie.
  • Emphasis is on the practical loss to the landowner (diminished property value or actual damage) rather than precise spatial invasion.

None of these theories requires that the entry be intentional; trespass does not require intent. Any uninvited entry onto, over, or under another's land may be actionable.

If a model aircraft lands on another's property without invitation, that landing is a trespass. The second theory (flight privilege) generally applies to commercial or navigable aircraft and should not be assumed to protect hobby models. AMA members should avoid flying over private property where permission has not been granted.

When a plane lands on another's property, the parties have duties and rights:

  • The flier may not enter the land of another to recapture his plane if the landing resulted from the flier's fault or negligence; doing so would be a second trespass. The owner must obtain the landowner's permission to enter and retrieve the plane.
  • The landowner may not keep the plane; doing so would be conversion of the flier's property and could subject the landowner to liability for the plane's value.
  • The landowner may not intentionally damage the plane (trespass to chattel). The landowner may request removal, may move the craft if its location is causing harm or risk, or may have it impounded if the owner refuses to remove it.
  • If the plane landed on another's property through no fault or negligence of the owner, the flier may peaceably enter the property to retrieve the plane—but may not use force.

There is also a federal provision of limited practical effect: Section 303(m)(1)(C) of the Communications Act of 1934 (as amended) gives the FCC authority to suspend the license of any operator upon proof that the licensee willfully or negligently permitted radio apparatus to be damaged. While this section may be cited, its practical value in disputes between fliers and landowners is likely minimal.

We hope you find this information useful for club and personal flying activities. Please retain a copy of this article in your club file. If you have questions, contact AMA Headquarters.

Geoff Styles

Notice: Insurance Certificates

  • Club certificates of insurance issued naming additional insureds are valid until September 30, 1982 (the expiration date of AMA's liability policy).
  • In the meantime, insurance protection will continue for both clubs and additional insureds.
  • AMA's ability to renew with the current insurer is uncertain; a new insurance company may be required. Final information will likely be available in late September, which will delay issuance of new forms.
  • New insurance certificates naming additional insureds will be issued and forwarded to the club; the club will forward them to the named additional insured(s).
  • AMA will submit copies of the special certificate wording to the carrier for approval, which may add further delay.

New Headquarters Building Under Construction

  • The Academy of Model Aeronautics broke ground for its new National Headquarters on Sunday, June 27, 1982, at Sunset Hills Road in Reston, VA.
  • The new building will house the Academy's Model Airplane Museum, administrative offices for the membership, and the publication offices for Model Aviation.
  • The Building Fund Drive and bank financing made construction possible: a check was presented representing Building Fund monies of $160,000 plus a bank loan of $940,000 from the Maryland National Bank, totaling $1,100,000.
  • Those pictured closing the deal included (L–R) John Grigg (AMA President), John Worth (AMA Executive Director), Allen Reines (Maryland National Bank executive), Thorpe Staylor (escrow agent), and Ed Taylor (Maryland National Bank Vice-President).
  • The Academy hopes to move into the new building in January or February following construction.

Show Team

  • The RC Propbusters Show Team, managed by Jim Parker, entered a float in the E. Lyme Appreciation Week Program on June 27.
  • The float used nine show-team aircraft and was built for a total cost of $18 using parts from a shed at their flying site. The float won first place and $100.
  • The event generated public support for RC activity in the area.

Contest Boards and Activities

Contest Boards

  • Activity on rule proposals has been light. If you have recommendations, submit proposal forms before the October deadline.

Contest Activities and Reports

  • Southern New Hampshire RC Club Contest (Orange, MA): Events included Pattern and Scale. The contest is developing into a major District I meet.
  • RC Propbusters Annual Pattern Contest (rescheduled): September 11–12 at Waterford Airport.
  • S.T.A.R.S. Spangled Scale Rally (Olean, NY): Held July 10–11; AMA insignia, patches, and jewelry were sold, raising over $300 for the Academy.
  • A Fourth of July weekend accident in Northern Virginia resulted in the death of AMA member Paul Boucher. The model involved was an eight-pound biplane powered by a .60 engine; circumstances suggest the model was being flown in accordance with the safety code. Our sympathies go out to the family and friends.
  • Cincinnati Aeromodelers purchased 43 acres to own their flying field—congratulations to the club; this acquisition will be featured in a future issue.
  • PROTECT YOUR RIGHT TO FLY! Safe flying is no accident.

Events included:

  • 6/26: ½A Gas, B Gas, FAI Power (F1C), Wakefield (F1B), P-30, A-1 Towline
  • 6/27: Mulvihill (one flight), A Gas, C Gas, A-2 Towline (F1A), Coupe d'Hiver, HLG, FAC Power Scale (over 13"), Rubber Scale (FAC rules), Peanut Scale (Prov. Rules 2)

Club and Local Notes

Show Team and Club Highlights

  • Clifton and Ann Betz (New Orleans) attended the Pensacola FF bash; Clifton won 1st in 1/2A Gas.
  • Stan and Mrs. Coward (Orange Park, FL) flew a Fox-powered Wild Goose at the same meet.

Club News and Schedules

  • Statesville RC Club: New newsletter name—The Shaky Thumb—and a new flying field.
  • DCRC: Talk scheduled October 15.
  • Mid-Virginia RC Club: Trip to Silver Hill and the Air and Space Museum on October 9 ($10 per person).
  • Northern Virginia CL Pilots' Association: Summer schedule includes Combat and Half "A" races (contacts provided locally).
  • Aeromasters MAC: Flew RC models as scheduled events at the Air Shannon Antique Aircraft Fly-In and Air Show.
  • DC Maxecutors: Summer Fun Fly on September 11; meetings on first Wednesday of each month at College Park, MD Airport.
  • Sandhills Model Aircraft Club (Southern Pines, NC): Sailplane Contest August 28–29 (Task 14 and spot landing).
  • Radio Control Modelers of Baltimore: Club newsletter includes humorous classifieds.
  • Metrolina Control Line Society: Membership drive for a multi-interest CL club in Gastonia, NC—contact Dale Campbell.

District Reports

District IV Highlights

  • Building Fund over $190,000. Get your patches before they are discontinued.
  • AMA will produce a training film on building and flying RC models; Jay Gerber will direct the film (approximate production time one year).
  • Election year for District IV Vice-President; incumbent running unopposed but write-in votes are allowed. District IV historically has a low voting turnout—members are encouraged to vote.

District V (Bill Mathews)

  • Contact: 311 Poinciana Drive, Birmingham, AL 35209. Phone: (205) 879-5550.
  • Associate Vice-Presidents listed for various states (contact details included for local reference).
  • Albany Model Airplane Club vs. South Land Aero Modelers (Valdosta) contest held at Spence Field—a well-situated flying site.
  • Anecdotes and club news: stories on trim-lever lessons, engine donations for international modelers, reprints of classic plans, and humorous contest awards.

District VIII (Ted White)

  • Contact: 1109 Greendale, Bedford, TX 76021.
  • Associate Vice-Presidents listed for Arkansas, Texas, New Mexico, Oklahoma, Louisiana.
  • Trip to Albuquerque and flying with Dan Parsons; report on local builds and covering techniques.
  • Jumbo Fly-In: about 80 pilots and 100 airplanes—biggest yet.
  • Executive Council meeting highlights: unlimited weight rule changed to 55 pounds; Scale Board chairman resigned; AMA film committee formed (chair: Ted White).

Scale and Fly-In Reports

  • Pikes Peak RC Club Scale Fly-In (Colorado Springs): A strong showing of scale aircraft; Jack Aycock's Nieuport 28 selected "best of show" in static display; Ernest Kinsey's Nieuport 28 favored in flight category.
  • Natural Light Rocky Mountain Scale Classic (Pueblo, CO): U.S. Scale Masters qualifier; winners listed in Sport Scale and Giant Scale. Sponsored by Pueblo Bottling Company.

General note: Most club members enjoy building, flying, and the social aspects of the hobby. Fly‑ins and contests both contribute to the hobby's health—when flying stops being fun, modelers stop flying.

Closing Notes

  • Keep contributing to the Building Fund and supporting AMA activities.
  • If you have questions or want to submit proposals, events, or club news, contact your district officers or AMA Headquarters.

Transcribed from original scans by AI. Minor OCR errors may remain.