Who Owns the Low Skies: Eminent Domain and Air Rights
Knowing the Limits to Understand the Boundaries of Airspace Ownership
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Air rights erosion, one coffee at a time
In certain parts of Australia and the US, Wing, the drone company operated by Alphabet (Google's parent company), is making drone deliveries of small items like lunch, coffee, and groceries. Wing has completed over 300,000 deliveries globally, with a majority in Australia, particularly in south Queensland. The drones are designed to carry items weighing up to 1.2 kilograms, such as meals, groceries, or other essentials. Wing positions itself as a quicker, cheaper, safer, and environmentally friendly alternative for small-item deliveries than road transportation.
The drone nests (launch areas) are strategically located for convenient access and reach, often in underutilised spaces within existing retail environments. Wing plots a course for delivery, and the drones fly at approximately 50-300 feet above private property.
Wing delivers to single-family dwellings. The drones have a limited range and return to recharge after delivering within about five miles of their nest.
This raises the question when they do a drone delivery why are they ignoring the rights of the landowner who owns the airspace they travel through?
When you use a google product you must pay them, api fees, your data or whatever else, so this seems somewhat one sided. No matter if we agree or disagree with the various cases and complaints that have been made against google throughout the years, we cannot deny there is a question mark around them not accounting for peoples rights. This appears to be a continuation of what has come before.
In 2012, Google faced criticism for bypassing privacy settings on Apple's Safari browser to track users' online behaviour and display targeted advertisements. This raised concerns about the extent of Google's data collection practices and its respect for user privacy. In 2017, the European Commission fined Google €2.42 billion for favouring its own comparison shopping service in search results, giving it an unfair advantage over competitors. This case highlighted concerns about Google's dominance in the search market and its potential to manipulate search results in its favour. Do we want this in the urban air delivery market?
Google's search algorithms have faced scrutiny for potential biases. In 2018, a study revealed that Google's search results for political topics sometimes displayed biased information. Critics argue that the lack of transparency in Google's algorithms makes it difficult to address or understand these biases. If air transport is commandeered by Google will certain neighbourhoods be favoured over others?
Publishers and news organisations have raised concerns about Google's use of their content without appropriate compensation. Homeowners are now in a similar position and need our solution.
In 2020, the Australian government introduced a law requiring Google to pay for displaying news snippets in search results. Google initially threatened to withdraw its search engine from Australia in response to the proposed law.
It’s not only Wing who are in private air space. In the US it’s happening as well, and other companies like Walmart and Zipline are doing the same. To be fair to them they have not had a solution until now with SkyTrades.
How do you make sure your air rights remain yours and you can benefit from them. How do drone companies get the permission they need to use the airspace.
The default for air rights is they are yours, no ifs no buts. Some however believe the government will march in to change all this, if they did, how could they, what would that mean and what would it look like?
Developments in the market:
San Francisco skies
United Airlines and Eve Mobility have announced plans to introduce electric vertical takeoff and landing (eVTOL) aircraft flights in the San Francisco Bay Area. The collaboration aims to establish the necessary infrastructure for electric commuter aircraft and determine urban air mobility locations and future routes. Eve's eVTOL offers a range of 60 miles (100 km), operates on 100% electric power, and prioritises comfort and noise reduction. United Airlines' investment in Eve Air Mobility and partnership with parent company Embraer solidify their commitment to sustainable aviation technology. The introduction of eVTOL flights is expected to have positive economic impacts and create new job opportunities. This follows United Airlines' previous partnership with Archer Aviation to launch an air taxi route in Chicago.
Canada flying high
Drone Delivery Canada has received approval from Transport Canada for beyond visual line of sight (BVLOS) flights of dangerous goods as part of its Care by Air program. This authorisation allows the company to expand its aerial services to medical and healthcare clients and enhance operational efficiencies. As part of the Care by Air project, Drone Delivery Canada will transport medical radioisotopes across a 13.4-kilometer route, marking the first BVLOS medical delivery in Canada. The approval recognises the company's advanced technology, safety standards, and dedication to drone logistics. Operating in the Golden Horseshoe area of Ontario, Drone Delivery Canada aims to transform healthcare supply transportation, ensuring faster delivery times and improved patient care.
Useful partnerships
Dallas delivery carrier Ameriflight is looking to expand its operations by using drones for healthcare and e-commerce deliveries in dense urban and suburban areas across the United States. They plans to partner with Matternet, a developer of urban drone delivery systems, to establish a drone delivery network. The specifics of the are still unknown. The focus will be on the healthcare and e-commerce markets. The company will use Matternet's software to operate its M2 fleet of drones from a remote operations centre. The company intends to supplement its crewed operations with un-crewed aircraft rather than replacing them. While pricing and delivery routes have yet to be announced, Ameriflight aims to leverage drone delivery for fast and efficient transportation of small packages in commercial e-commerce.
It did not plan on asking the air rights owners permission if they can fly in their air space, but now they can!
What is eminent domain and why should I care?
Eminent domain is a legal concept in the United States that grants the government the power to seize private property for public use, provided that just compensation is provided to the property owner. It is derived from the Fifth Amendment of the U.S. Constitution, which states that:
private property shall not be taken for public use without just compensation.
Today if you own property you own the element of the property which is low altitude air rights above it. This is established by the US Supreme Court and travels down to the man the street with legislation and cases backing it. Black letter law as the legal profession would term it.
Are the government coming to help?
What if the government came and took the low altitude air space that the landowner has the rights to, in order to be helpful. Took it from the 82 million individual home owners and the larger land holders - whipped away with the stroke of a pen or push of a button. They then decided to give it away to be used by whoever had the most to gain and was in the right room at the time - how would you react? Would this help you?
In the realm of property rights and individual liberty, the voices of eminent domain critics are getting louder. There are concerns that this practice undermines the fundamental principles of private property ownership. Legal scholar Richard Epstein from New York University School of Law in, "Takings: Private Property and the Power of Eminent Domain," argues that the expansive interpretation of eminent domain grants excessive power to the government, encroaching upon the bedrock of property rights.
Attorney and scholar Timothy Sandefur has delved extensively into the perils of eminent domain. His publication, "Cornerstone of Liberty: Property Rights in 21st Century America," sheds light on a concerning reality: powerful entities, such as corporations and developers, have manipulated eminent domain to serve their own interests, often at the expense of ordinary property owners. Sandefur's research fuels the ongoing debate surrounding the potential abuse of this governmental power.
There is the issue of displacement at stake. Dana Berliner, a lawyer and senior vice president at the Institute for Justice has actively participated in various eminent domain cases. Berliner argues against the utilisation of eminent domain when it leads to the forcible relocation of vulnerable communities or individuals. In "Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain," she sheds light on instances where eminent domain has been used improperly (which could arguably be always), unmasking the harrowing reality of the affected parties.
This is the troubling repercussions of eminent domain. The infringement of property rights, the potential for abuse by powerful entities, and the negative impact on communities and property owners is a deeply concerning.
When a property owner wants to use their low altitude air rights for their benefit and to be connected to companies who want their air space why would eminent domain be an option that anyone pursues? It is not helpful.
We can develop urban air transportation, have our flying cars and drone deliveries by keeping our air rights intact and the decision on how to use them in our hands. It is a continuation of the positive aspects of individual liberty enshrined in property law.
Thank you for reading and for any more information or how you can get involved in what we are building please contact me at jonathan@skytrades.io SkyTrades.io
