Quote:
Originally Posted by gnadfly
FIFY
Back on topic: does anyone know according to Texas Law, what are the air space property rights are (if any)?
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Short response:
Texas Government Code Section 423.002(a) provides it is lawful to capture an image using an unmanned aircraft in this state.
The section continues by laying out a laundry list of circumstances under which drone usage is not illegal. Some of the acceptable usages include:
Consent of the individual who owns or lawfully occupies the real property captured
Images of public real property or a person on that property
Images taken from a height no more than eight feet above ground level in a public place, if the image is not amplified beyond normal human perception
Operation for the purpose of professional or scholarly research by a person acting on behalf of an institution of higher learning
As part of a U.S. Military operation or training
Images captured by satellite for mapping
Images captured by or for an electric or natural gas company
if the image is captured by a Texas licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image
Pursuant to a valid arrest or search warrant
Law enforcement use in active pursuit of someone accused of a felony offense, or to capture a crime scene
Search and rescue efforts for natural disasters or fires"
_______ end of quoted material______________________ ____
The Feds regulate aircraft traffic 500 to 1000 feet above, which will vary depending on approaches to an airfield. There were mandatory tree cuttings around IAH when the new runway was built that has an approach over 1960 at about a 45 degree angle ... may be slightly less of an angle .... so that "500" fee gets reduced the closer to the runway the private property is located.
FYI: In that same Act (in the Texas Government Code):
Sec. 423.006. CIVIL ACTION. (a) An owner or tenant of privately owned real property located in this state may bring against a person who, in violation of Section 423.003, captured an image of the property or the owner or tenant while on the property an action to:
(1) enjoin a violation or imminent violation of Section 423.003 or 423.004;
(2) recover a civil penalty of:
(A) $5,000 for all images captured in a single episode in violation of Section 423.003; or
(B) $10,000 for disclosure, display, distribution, or other use of any images captured in a single episode in violation of Section 423.004; or
(3) recover actual damages if the person who captured the image in violation of Section 423.003 discloses, displays, or distributes the image with malice.
(b) For purposes of recovering the civil penalty or actual damages under Subsection (a), all owners of a parcel of real property are considered to be a single owner and all tenants of a parcel of real property are considered to be a single tenant.
(c) In this section, "malice" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.
(d) In addition to any civil penalties authorized under this section, the court shall award court costs and reasonable attorney's fees to the prevailing party.
(e) Venue for an action under this section is governed by Chapter 15, Civil Practice and Remedies Code.
(f) An action brought under this section must be commenced within two years from the date the image was:
(1) captured in violation of Section 423.003; or
(2) initially disclosed, displayed, distributed, or otherwise used in violation of Section 423.004."
"
A trespass does not have to be committed in person but may be caused by allowing or causing something to cross the boundary of the property in question. Villarreal, 136 S.W.3d at 268 (citing Gregg, 344 S.W.2d at 416). A property owner's right to pursue an action for trespass occurs when there has been a physical unauthorized entry upon either the surface of his property of the airspace immediately adjacent thereto. See Villarreal, 136 S.W.3d at 269 (holding that a trespass of aerial space above the complainant's property may be committed by causing something to physically enter or crossover the land, such as the discharge of pollutants, [22] soot, or carbon)."
Sciscoe v. Enbridge Gathering (N. Tex.), L.P., 2015 Tex. App. LEXIS 5530 (Amarillo 2015).
I agree with the gun owner....Fuck those drones!
