Two Sides Of The Same Coin - Air Rights And Property Ownership

"Whoever's Is The Soil, It Is Theirs All The Way To Heaven And To Hell"

While property ownership is not strictly up to the heavens and down to hell the principle of property ownership, and the practice, remains very much intact for low-altitude air rights in law.

Some significant uses for airspace include; transportation for commercial aircraft in high altitudes, drones transiting in low-altitude airspace, and the option to build into the space. But it’s who has the right to that airspace that matters.

Brooklyn Tower Valued At Over $600 Million

Work is almost complete on the borough’s supertall, Brooklyn Tower. The skyline-altering 93-story, 550-unit SHoP-designed tower stemming from the podium has garnered a lot of press. The Landmarks Preservation Commission (LPC) as far back as 2016 green-lit the plans, going so far as to call the designs “flawless”.

The commission reviewed the project because of the planned alterations to the Dime Savings Bank, which the developers bought for its air rights for $90 million.

Thanks to those air rights, the development didn’t require rezoning and its attendant public approval process.

Its income-restricted units are part of the state’s 421-a tax abatement program, which allows relatively high incomes of 130% of Area Median Income. An affordable housing lottery launched in early 2023 for the 120 affordable rentals, with eligible incomes set between $90,172 and $227,630 for households of one to seven people. Included were studios for $2,630 a month, one-bedrooms for $2,811, two-bedrooms for $3,360, and three-bedrooms for $3,872. The remaining units are a mix of market-rate rentals on the lower levels and condos higher up the building. There are still a few units listed for sale ranging from $950,000 for a studio to $7.85 million for a four-bedroom penthouse.

Building up has long been a solution to demand, agglomeration is the essence of a city and enabling these forces to flourish is a net positive for society. Using the air rights to make this happen is fundamental to its success.

(streeteasy)

New York Airspace

A multi-year partnership with the Port Authority of New York, New Jersey and Skyports is targeting middle-mile drone deliveries between distribution centres and retail locations. The aim is to alleviate road congestion by shifting transportation activities to the sky.

It is in the feasibility study phase at the moment and the evolving landscape of Unmanned Aerial Vehicles (UAV) operations in New York opens possibilities for last-mile deliveries in the future, should the owners of the air space permit its use.

The Port Authority's goal is to shift freight movements to “greener transport modes”. They see drone cargo as a potential low-carbon solution for valuable items between New York and New Jersey. After the feasibility study, the plan is to develop an actionable roadmap for UAS (Unmanned Aerial Systems) in New York City, with plans for proof-of-concept operations within the Port District. Keeping the air rights-owning stakeholders in mind is paramount.

(wikipedia)

Are The Pills Greater Than The Ills

Drones can be a net positive for society, this is for many and varied reasons. While delivering your coffee quicker or a burger has the benefit of time savings it is more of an incremental benefit to our lives. Using drones to check power lines, oil wells and other key infrastructure not only saves time but saves lives. Drones are also being used to clean windows and help put fires out. All of this is a testament to the innovation of the industry.

They can also be used in military settings. Security services use them to track people and in some instances infringe on people's liberties by misusing them.

Drones are wonderful, but not always. When they take away people’s rights we should pay close attention.