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. ^[49] 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. ^[50]

A taking has also been found when trees were cut on private property in an airport approach zone established by a municipal ordinance. ^[51] The court found that removing the trees and limiting the height of buildings in the airport approach zone constituted a taking. ^[52]

Notes:
^[49] Osborne Enters., Inc. v. City of Chattanooga, supra.

^[50] Jackson v. Metropolitan Knoxville Airport Auth., 922 S.W.2d 860 (Tenn. 1996).

^[51] Osborne Enters., Inc. v. City of Chattanooga, supra.

^[52] Osborne Enters., Inc. v. City of Chattanooga, supra.