As drone technology continues to evolve and become more accessible, manyMissouri residents are wondering if they can shoot a drone over their property in the Show-Me State. Whether you’re a photographer, real estate agent, or simply a curious individual, understanding your rights and limitations is crucial to avoiding legal trouble. In this article, we’ll delve into the world of drone regulations in Missouri, exploring the dos and don’ts of flying drones over private property.
Private Property Rights in Missouri
In Missouri, property owners have specific rights when it comes to their land and airspace. Under the state’s private property laws, landowners have control over the air above their property, known as “airspace.” This means they can grant or deny permission for others to fly over their property, including drones.
Federal Aviation Administration (FAA) Regulations
While private property rights are governed by state law, drone operations are primarily regulated by the Federal Aviation Administration (FAA). The FAA has established guidelines for recreational and commercial drone use, including registration requirements, altitude limits, and airspace restrictions.
For recreational drone pilots, the FAA recommends following these guidelines:
- Register your drone with the FAA if it weighs more than 0.55 lbs.
- Fly below 400 feet above ground level.
- Avoid flying near airports, people, and wildlife.
- Follow local laws and regulations.
Commercial drone operators, on the other hand, must obtain a Part 107 waiver, which requires a remote pilot certification and adherence to specific operational rules.
Drone Flight Over Private Property: Permissible or Not?
So, can you shoot a drone over your property in Missouri? The answer is a resounding “maybe.” Here’s a breakdown of the factors that influence your ability to fly a drone over private property:
Property Owner Consent
If you’re the property owner, you can grant yourself permission to fly a drone over your land. However, if you’re flying over someone else’s property, you’ll need their explicit consent. This can be obtained through a written agreement, verbal permission, or by securing a lease or easement.
Takeaway: Always obtain permission from the property owner before flying a drone over their land.
Aerial Trespass and Peering
Aerial trespass, also known as “peering,” occurs when someone flies a drone over private property without permission, capturing images or data without the owner’s consent. Missouri has no specific laws addressing aerial trespass, but property owners may bring civil actions against drone operators who violate their privacy or property rights.
Tip: Be cautious when flying over private property, as you may be liable for any damages or privacy violations.
PubliclyAccessible Areas
Drone flights over publicly accessible areas, such as parks, roads, or sidewalks, are generally permissible. However, be aware of local ordinances and restrictions, as some areas may have specific rules or permits required for drone operations.
Cases and Controversies
Missouri has seen its fair share of drone-related controversies and legal battles. Here are a few notable examples:
Reed v. Huston (2017)
In this case, a Missouri farmer sued a drone pilot for trespassing and invasion of privacy after the pilot flew a drone over his property without permission. The court ultimately ruled in favor of the farmer, stating that the drone pilot had violated the property owner’s privacy and committed aerial trespass.
Takeaway: Obtain permission from property owners before flying over their land, especially if you’re capturing images or data.
City of Kansas City v. CoStar Realty Information Inc. (2018)
The City of Kansas City sued CoStar Realty, a commercial drone operator, for capturing aerial images of city-owned properties without permission. The court ultimately ruled in favor of CoStar, stating that the city’s claims were moot since the drone flights didn’t constitute trespassing or privacy violations.
Tip: Be aware of local ordinances and permits required for commercial drone operations.
Best Practices for Drone Flight Over Private Property in Missouri
To avoid legal troubles and ensure a smooth drone flying experience over private property in Missouri, follow these best practices:
Obtain Permission
Always obtain explicit permission from the property owner before flying a drone over their land. This can be achieved through a written agreement, verbal permission, or by securing a lease or easement.
Respect Privacy
Avoid capturing images or data that could be considered an invasion of privacy. Be mindful of people, vehicles, and structures on the property.
Follow FAA Guidelines
Adhere to FAA regulations, including registration requirements, altitude limits, and airspace restrictions.
Be Aware of Local Ordinances
Familiarize yourself with local laws and regulations governing drone use in Missouri. Be prepared to obtain permits or follow specific guidelines for commercial drone operations.
Conclusion
Flying a drone over private property in Missouri requires careful consideration and attention to detail. By understanding private property rights, FAA regulations, and local ordinances, you can navigate the complex landscape of drone operations in the Show-Me State. Remember to always obtain permission from property owners, respect privacy, and follow best practices to ensure a safe and legal drone flying experience.
Can someone fly a drone over my property without my permission?
Flying a drone over your property without your permission is a gray area in terms of legality. While there are federal regulations that govern drone use, they primarily focus on ensuring safe operations and avoiding collisions with other aircraft. However, these regulations do not explicitly address issues related to privacy or trespassing.
In Missouri, there is no specific law that prohibits flying a drone over private property. However, if the drone is being used to capture photos or videos of someone who has a reasonable expectation of privacy, it could be considered an invasion of privacy and potentially violate Missouri’s voyeurism laws. Furthermore, if the drone is causing a nuisance or disturbance, you may be able to take legal action under existing trespassing or nuisance laws.
Do I have any legal recourse if someone is flying a drone over my property?
If someone is flying a drone over your property without your permission, you may have legal recourse depending on the specific circumstances. If the drone is being used to capture photos or videos of you or your property without your consent, you may be able to seek legal action under Missouri’s voyeurism laws or other privacy laws. Additionally, if the drone is causing a nuisance or disturbance, you may be able to seek an injunction or other legal remedy to stop the activity.
It’s also important to note that if the drone is causing a safety risk or posing a hazard to people or property, you may be able to contact local law enforcement or the Federal Aviation Administration (FAA) to report the incident. However, before taking any legal action, it’s recommended that you consult with an attorney who is familiar with drone law and privacy issues to determine the best course of action.
Can I shoot down a drone flying over my property?
No, you should not attempt to shoot down a drone flying over your property. While it may be tempting to take matters into your own hands, shooting down a drone is illegal and can have serious consequences. In addition to potentially causing damage to people or property, shooting down a drone can also lead to criminal charges and fines.
Furthermore, shooting down a drone is unlikely to resolve the issue, as it may not stop the person from continuing to fly drones over your property. Instead, it’s recommended that you try to resolve the issue through communication with the drone operator or by contacting local authorities. If the drone is causing a nuisance or disturbance, you may be able to work with local law enforcement or other authorities to address the issue.
Can I call the police if someone is flying a drone over my property?
Yes, you can call the police if someone is flying a drone over your property and you feel threatened, harassed, or disturbed. While the police may not be able to intervene in every situation, they can help to determine whether the drone operator is breaking any laws or regulations. Additionally, the police can help to mediate the situation and resolve the issue peacefully.
However, it’s important to note that the police may not be able to respond to every complaint about drones, especially if the drone is not posing a safety risk or causing a disturbance. If the police are unable to assist, you may need to explore other legal remedies, such as contacting an attorney or seeking a restraining order.
Do drone operators need a permit to fly over my property?
Drone operators do not need a permit to fly over your property, but they do need to comply with Federal Aviation Administration (FAA) regulations. The FAA requires drone operators to register their drones and follow safety guidelines, such as flying below 400 feet and avoiding restricted airspace. However, the FAA does not require drone operators to obtain permission from property owners before flying over their property.
It’s worth noting that some commercial drone operators may need to obtain additional permits or licenses, such as a Part 107 waiver, which allows them to fly in certain restricted areas or at night. However, these permits are typically only required for commercial operations, not recreational flying.
Can I post “no drone zone” signs on my property?
Yes, you can post “no drone zone” signs on your property, but it’s unclear whether these signs would have any legal effect. While posting signs may help to deter drone operators from flying over your property, it’s unlikely to provide a legal basis for taking action against someone who ignores the signs.
Additionally, it’s worth noting that posting signs may not be effective in stopping all drone flights, as some drone operators may not see the signs or may ignore them. In general, it’s recommended that you take a more proactive approach to protecting your privacy and property, such as contacting local authorities or seeking legal advice.
Can I request that drone operators delete photos or videos taken over my property?
Yes, you can request that drone operators delete photos or videos taken over your property, but it’s unclear whether they would be legally required to comply. If the drone operator is using the photos or videos for commercial purposes, they may be required to comply with privacy laws and regulations.
However, if the drone operator is flying recreationally, they may not be required to delete the photos or videos, even if you ask them to. In general, it’s recommended that you take a proactive approach to protecting your privacy and property, such as contacting local authorities or seeking legal advice, rather than relying on requests to drone operators.