Helicopters circling in HPP

[Bob Orts]

quote:

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Originally posted by punafish

Looking at it from purely a legalistic standpoint, PaulW may be correct.

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It's a murky issue. But to give the most basic generic understanding, it's a layered approach.
1. You own the land and .00000001" above the surface.
2. But if you have a legal structure let’s say 20' tall at its highest point, you own up 20'.
3. But if by law (zoning codes are law) you have the right to build up to 30', you now own 30'.
4. But if you have a legal manmade item like an antenna tower that is 40' tall, you now own 40' off the ground.
5. And if you have any natural vegetation (a big hunking tree) that's 50' off the ground, you now own 50' in height.
Anything above the tallest feature is Uncle Sam’s. This is the basic generic interpretation and other things can raise or lower the interpretation.

Unfortunately, it’s a very murky area and usually it’s the courts that have to make rulings base on case law, specific circumstance, and the offending actions as to where your property starts and ends over your property.