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Ownership of space - 74 Pa. Cons. Stat. § 5501

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                                CHAPTER 55
                      LEGAL STATUS OF AIR NAVIGATION

     Sec.
     5501.  Ownership of space.
     5502.  Damage to persons and property on ground.
     5503.  Law applicable to crimes and torts.
     5504.  Law applicable to contracts.

        Enactment.  Chapter 55 was added October 10, 1984, P.L.837,
     No.164, effective immediately.
     § 5501.  Ownership of space.
        (a)  General rule.--The ownership of the space over and above
     the lands and waters of this Commonwealth is declared to be
     vested in the owner of the surface beneath, but the ownership
     extends only so far as is necessary to the enjoyment of the use
     of the surface without interference and is subject to the right
     of passage or flight of aircraft. Flight through the space over
     and above land or water, at a sufficient height and without
     interference to the enjoyment and use of the land or water
     beneath, is not an actionable wrong unless the flight results in
     actual damage to the land or water, or property thereon or
     therein, or use of the land or water beneath.
        (b)  Penalty.--Except in an emergency, no aircraft may land
     on, taxi or maneuver upon, or take off from a public airport
     unless operated by a person possessing proof of having attained
     a national standard of competence in the operation of that
     aircraft. Any person violating any of the provisions of this
     part, unless the violation is by this title or other statute of
     this Commonwealth declared to be a misdemeanor, or any of the
     rules and regulations adopted by the department pursuant to this
     part, commits a summary offense and shall, upon conviction, be
     sentenced to pay a fine of not less than $50 and not more than
     $200 and, in default thereof, to undergo imprisonment for a
     period not exceeding 30 days.

Last modified: November 27, 2007