University of Virginia Library

Right of Way for Airships.

Somebody has suggested the organization of flying-machine corporations as common carriers, which would give them the right of eminent domain with power to condemn a right of way. But what would they condemn? There is nothing tangible in the air. Railways in condemning a right of way specify tangible property (realty) within certain limits. How would an aviator designate any particular right of way through the air a certain number of feet in width, and a certain distance from the ground?

And yet, should the higher courts hold to the letter

of the law and decide that aviators have no right to navigate their craft over private property, something will have to be done to get them out of the dilemma, as aviation is too far advanced to be discarded. Fortunately there is little prospect of any widespread antagonism among property owners so long as aviators refrain from making nuisances of themselves.