The Supreme Court ruled the air was a “public highway” and rejected Causby’s claim that his airspace had been taken from him. Justice William O. Douglas wrote, in his opinion for the majority, that the cuius est solum, eius est usque ad coelum et ad inferos doctrine and the idea that “ownership of the land extended to the periphery of the universe…has no place in the modern world. To recognize such private claims to the airspace would clog these highways, seriously interfere with their control and development in the public interest, and transfer into private ownership that to which only the public has a just claim.”
Douglas did, however, concede that “if the landowner is to have full enjoyment of the land, he must have exclusive control of the immediate reaches of the enveloping atmosphere.” He concluded that “flights so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land” did constitute a taking of the land and left it to the lower court to figure out how Causby should be rewarded.
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