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Deleted member 28227
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Can I fly a plane over a private property?That’s the whole issue. It’s not THROUGH THE PUBLIC LANDS. There is no way you can physically not ENETER through the private lands geometric plane without trespassing upon that infinite point. Your trying to invalidate the Private Landowners rightful use and full enjoyment of his lands. This is the crux of the case the Prosecuting attorney will make if it goes to trial. I hope it doesn’t but it’s like Randy Newberg has stated numerous times it’s negating private property rights at their expense. Check it out here at the 14:00 mark.
Can I float a river when the stream bed is privately owned?
Why can't I navigate on land to a publicly owned asset?1
We go round and round on case law, private property, etc etc... but here is the deal it's all made up. The FAA minimum altitude, someone just made it up. Definition of navigable waterway, someone made it up.
In the course of human history people flip the table and change the rules all the time.
Rules are completely arbitrary. This specific view on access and trespass isn't even ubiquitous in the US, a country who's entire legal framework was designed so that we could make changes when necessary.
Point being, we could all just decide that you can cross at your best guess at the corner within a reasonable buffer of 50ft on either side, as part of a right to use a public resource.
1. https://www.themeateater.com/listen/meateater/ep-303-all-up-in-your-airspace