efficient allocations of airspace rights between public entities and
evidence that airspace rights are indeed "property" under the
landowners' airspace rights in the early twentieth century when
Courts' unwavering treatment of airspace rights as property
Interestingly, the dissenting justices in Sisolak vigorously argued that Loretto was not applicable in the case because the height restriction at issue involved no authorized physical invasion of private airspace or express transfer of airspace rights.
The continued growth of solar energy and sustainable development is giving rise to even more situations in which governments could be tempted to use their land use regulatory authority to effectively take airspace rights.
Other commentators have also remarked on the difficulties and uncertainty associated with airspace rights laws.
The author recently published an article featuring a more detailed discussion of the nature of airspace and of the history of airspace rights.