· 1/11/1963
Alva A. Aaron v. The United States. Peter Andersen v. The United States
Citations
- 311 F.2d 798
- 160 Ct. Cl. 295
- 1963 U.S. Ct. Cl. LEXIS 183
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that recovery could not be had for flights above the minimum safe altitudes unless the flights amounted to a \practical destruction\ of the property
- recognizing possibility of recovery where \travel in the navigable air space [is] so severe as to amount to a practical destruction or a substantial impairment of [private property]\
- recognizing possibility of recovery where “travel in the navigable air space [is] so severe as to amount to a practical destruction or a substantial impairment of [private property]”
- allowing claims based on flights below 500 feet, while denying those based on flights over 500 feet
- allowing claims based on flights below 500 feet, while denying those based on flights over 500 feet
- declining to find a taking due to aircraft overflights where only two planes flew over the property per day but finding a physical taking when flights increased to a dozen per day
Source: CourtListener parenthetical corpus (CC0).
Judges: Whitaker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.