Balloons as subjects of trespass - case law

[HughAHalliday]

Recent events stir this question. Nations undoubtably have sovereign rights to airspace in their accepted territory, but the case of rights over private property is more contentious. There have been cases of hot air balloonists being sued for trespass when landing without permission on private property (emergencies excepted), but mere drifting over property is not trespass. In another life, as a teacher, I had cause to read much case law, and I faintly recall a British case, circa 1825, when this principle was established. Having no access to a law library at this time - and being unsuccessful in Google searches - may I appeal to anyone with such access to identify the case and perhaps summarize the court ruling.

[Alex Smart]

Hello Hugh,
I to have a question in regard to the recent events you note. Can anyone enlighten me as to just how these high altitude Unmanned(?) Balloon 's can be directed after launch to fly over specific target's?
My thoughts are that these Balloon 's are just Weather Balloon's that have drifted across to the USA as did those Japanese Bloon's during WW2.
Alex

[COL BRUGGY]

Hello,

Could this be the case you're referring to:

https://wfupcl.wordpress.com/tag/irish-blessing/

Scroll down to, Guille v. Swan, 19 Johns. (N.Y.) 381 (1822).

Col.

[bvs]

Hello Hugh,
I to have a question in regard to the recent events you note. Can anyone enlighten me as to just how these high altitude Unmanned(?) Balloon 's can be directed after launch to fly over specific target's?
My thoughts are that these Balloon 's are just Weather Balloon's that have drifted across to the USA as did those Japanese Bloon's during WW2.
Alex

They are awfully sophisticated 'Weather Balloons' though Alex ;)
Direction/steering of balloons is usually done by varying altitude and therefore using the differing wind directions to alter the balloons track over the ground.
Presumably the 'Absolutely not for spying/causing international tensions' balloons are launched when the forecast weather systems 'should' track the balloon over the intended 'target area'.
There is usually more than meets the eye with anything to do with China/Russia - at the very least there will be some sort of agenda going on.

[HughAHalliday]

While Guille vs Swann (New York, 1822) sounds close, I am certain that the case I discovered some 35 years ago was a British judgement, and that it established the right of free passage overhead. The more I think of it, a detail rattles in my mind that the case of trespass was dismissed because the judge reasoned that if trespass was recognized by mere passage overhead, then a land owner might claim ownership as far as the stars !

[Alex Smart]

Thank you both for the replies. One thing I never thought of before my post was that perhaps these Balloon's have some sort of sifisticated military type of drone that enables them to be guided to a specific site despite wind direction ��

[bvs]

While Guille vs Swann (New York, 1822) sounds close, I am certain that the case I discovered some 35 years ago was a British judgement, and that it established the right of free passage overhead. The more I think of it, a detail rattles in my mind that the case of trespass was dismissed because the judge reasoned that if trespass was recognized by mere passage overhead, then a land owner might claim ownership as far as the stars !

Hi Hugh
I used to have a couple of freiends who were 'balloonatics' (of the hot air type).
As an experienced glider pilot I was sometimes invited along to act as 'navigator' for flights which were usually fairly 'local'.
The navigation mostly consisted of occasionally checking the map for the (manually marked in red) 'no land/avoid low pass/noise areas',usually related to livestock/horses etc.
We also had a 'Cow Burner' which was a silent flame which could be used to maintain height or at least reduce rate of descent.
I am assuming that the normal 'not below 500ft' near buldings/people would also apply anyway (although I have not checked specifically for the balloon regs).

[bvs]

Thank you both for the replies. One thing I never thought of before my post was that perhaps these Balloon's have some sort of sifisticated military type of drone that enables them to be guided to a specific site despite wind direction ��

Perhaps possible but unlikely I would have thought Alex,I assume they use the wind direction given by forecast weather systems,with a cyclone the wind direction rotates anti clockwise around the area of low pressure,with an anticyclone the wind rotates c/w around the high pressure area + also they may be able to vary the altitude of the balloon .
Long range aircraft can use weather system winds to increase ground speed by flying the correct way around a low or high pressure area,similar to perhaps the old 'North Dog' used by sailing vessel navigators taking advantage of a good wind direction