Aircraft Overflights

Reference Number: MTAS-1307
Tennessee Code Annotated
Reviewed Date: October 19, 2018
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A taking of airspace above private property may result from frequent low flights of aircraft that substantially interfere with the practical use and enjoyment of the property. [41] Noise, vibrations, and airplane pollutants unaccompanied by an actual physical invasion of the airspace immediately over the property owner’s land may also constitute a taking. Direct overflight is not required. [42]

A taking has also been found when trees were cut on private property in an airport approach zone established by a municipal ordinance. [43] The court found that removing the trees and limiting the height of buildings in the airport approach zone constituted a taking. [44]


Notes:
[41] Osborne Enterprises, Inc. v. City of Chattanooga, supra.

[42] Jackson v. Metropolitan Knoxville Airport Authority, 922 S.W.2d 860 (Tenn. 1996).

[43] Osborne Enterprises, Inc. v. City of Chattanooga, supra.

[44] Osborne Enterprises, Inc. v. City of Chattanooga, supra.

 

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