taking by aircraft overflight
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 328 U.S. 256 - United States v. Causby · 1946Most cited · 2,150 citing opinions
Flights over private land are not a taking, unless they are so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land. It is the character of the invasion, not the amount of damage resulting from it, so long as the damage is substantial, that determines the question whether it is a taking.