United States v. Causby 328 US 256 (1946)
Facts. Causbys raised chickens on land near an airport outside Greensboro NC. US government
leased the land. Bombers, transports and fighters all used the path of glide over Causby’s
property. The noise killed 6-10 chickens each day. After losing 150 chickens, Causbys gave up
their business, couldn’t sleep and were nervous and frightened.
Procedural History. Lower court found for Causby; government appealed.
Holding. Owner must have exclusive control of the immediate reaches of the enveloping
atmosphere. The airspace, apart from the immediate reaches above the land, is part of the public
domain. Flights over private land are not a taking, unless they are so low and so frequent as to
be a direct and immediate interference with the enjoyment and use of the land.