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United States v. Causby
''United States v. Causby'' was a United States Supreme Court related to ownership of airspace above private property. It held that the ancient common law doctrine of ''ad coelum'' had no legal effect "in the modern world." In the case, Causby sued the United States for trespassing on his land, complaining specifically about how "low-flying military planes caused the plaintiffs' chickens to 'jump up against the side of the chicken house and the walls and burst themselves open and die' . . . The plaintiffs sued the government, arguing that they were entitled to compensation under the takings clause of the Fifth Amendment."〔Huebert, Jacob H. (2011-04-18) (Who Owns the Sky? ), Mises Institute〕
==Background==
Under the common law, persons who owned real property owned it "from the depths to the heavens".〔Thomas Merrill, ''Establishing Ownership: First Possession versus Accession,'' p. 14, fn. 22-23, Law and Economics Workshop (University of California, Berkeley 2007 Paper 3), found at (CDLib website ). Retrieved September 17, 2008.〕〔''Cjus est solum, ejus est usque ad coelum et ad inferos.'' This has been translated as “To whomever the soil belongs, he owns also to the sky and the depths.” Black’s Law Dictionary (6th ed. 1990). From Merrill, fn. 22, ''q.v.''.〕
Therefore, real estate traditionally has included all rights to water, oil, gas, and other minerals underground, and over.〔
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