Legal Question in Constitutional Law in California
Privacy in airspace above home
Planes from the local airport continually fly over our house, even though they are supposed to take off and land in a prescribed area not above our homes. These planes fly low (under 1000 feet--my husband used to jump out of planes at 1200 feet and can attest to the low altitude of these aircraft), and putting aside the fact that safety does not seem to be of concern to these pilots, where does the issue of privacy fit it. I cannot sit in my fenced back yard in my jacuzzi or even lay out in the sun without feeling that my privacy is violated. Is there some privacy right concerning how high an aircraft must be above residences?
1 Answer from Attorneys
Re: Privacy in airspace above home
I sympathize with your predicament regarding the new airport that was just built near your home.
Unfortunately, it's impossible to take off or land an airplane without flying low. Airports are federally regulated, and if you believe an aircraft is unnecessarily flying lower than 500 feet above the ground, or is unnecessarily deviating from the traffic pattern, you could complain to your local FAA Flight Standards District Office. Alternatively, you could go to the airport and talk to some pilots about your concerns, or even better, take a flying lesson or demonstration ride from a certified flight instructor.
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