US GOVERNMENT

VS. CAUSBY, digested

Posted by Pius Morados on November 8, 2011

328 US 256, May 27, 1946 (Constitutional Law Just Compensation,

Taking, Superjacent Space)
FACTS: Government planes fly over a private property at such low altitude
as to practically touch the tops of the trees. Herein respondent, owner of
the said property filed a complaint against public respondent on grounds
that there was an intrusion into the superjacent rights of the former entitling
the same to payment of just compensation because the owner was deprive
of the use of the said property. Petitioner contends that there has been no
taking because flights are made within the navigable airspace and, there
was no divestiture of title.
ISSUE: Whether or not there was a taking of superjacent space which
entitles for just compensation.
HELD: Yes. Superjacent space is not part of private property because
being a public domain, ownership of the same is vested in the State.
However, if flying or occupying over it so low and frequent as to create a
direct and immediate interference with the enjoyment and use of the land
underneath it, then a taking is considered, entitling the owner for a just
compensation.