An Analysis of Liability in Aircraft Trespass and Nuisance Cases Since 1958

摘要

The study discusses the nature of the aircraft noise problem, analyzes court cases involving jet noise around airports and military bases, and identifies the factors significant in determining whether noise constitutes a compensable damage. In the 1946 'United States v. Causby' case, the U. S. was held liable for the noise of Army planes that interfered seriously with the operation of Causby's chicken farm. In the 1962 'Griggs v. Allegheny County' case, the Supreme Court held the municipality operating the Greater Pittsburg Airport liable for aircraft noise, saying the county should have condemned enough property to prevent aircraft operations from interfering with adjacent landowners. The contention is made that (1) higher courts should insist on more consistent interpretation of the criteria used to determine when an easement has been taken, altitude alone being a less important factor than others, (2) intensity and frequency of noise and the use made of the property is more important than a line marking the property boundary, (3) rigid requirements should be set to insure adequate space for new airports, (4) solving the noise problem at existing airports should be a cooperative effort, and (5) determination of compensable noise damage should be made by courts with consideration more for degree of disturbance than for property boundaries.