context: A similar rule governs aircraft overflights. Where a plaintiff complains only of noise resulting from normal aircraft operations, not passing directly overhead, this court follows the general rules springing from Causby to deny recovery.
citation_a.signal: cf.
citation_a.identifier: 82 S.Ct. 532, 532
citation_a.parenthetical: affirming that taking occurred even though some of the activities of which the plaintiff complained were near, but not over, the plaintiffs property
citation_a.sentence: See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (1964); see also Batten v. United States, 306 F.2d 580, 585 (10th Cir.1962) (holding that where aircraft operations did not physically invade the landowner’s estate, incidental smoke, vibrations and noise were not compensable takings); cf. Richards, 233 U.S. at 554, 34 S.Ct. at 657 (absent physical invasion of the property, there can be no recovery for “noises and vibrations incident to the running of trains, the necessary emission of smoke and sparks from the locomotives, and similar annoyances inseparable from the normal and non-negligent operation of a railroad”). However, where, as here, plaintiffs complain of a peculiarly burdensome pattern of activity, including both intrusive and non-intrusive flights, that significantly impairs their use and enjoyment of their land, those plaintiffs may state a cause of action. Cf. Griggs, 369 U.S. at 87, 82 S.Ct. at 532 (affirming that taking occurred even though some of the activities of which the plaintiff complained were near, but not over, the plaintiffs property); Richards, 233 U.S. at 557, 34 S.Ct. at 658 (“Construing the acts of Congress in the light of the Fifth Amendment, they do not authorize the imposition of so direct and peculiar and substantial a burden upon plaintiffs property without compensation to him.”); Branning, 654 F.2d at 90 (finding that the United States took private land without violating the landowner’s airspace because its overflights were “peculiarly burdensome” to the landowner).
citation_b.signal: see also
citation_b.identifier: 306 F.2d 580, 585
citation_b.parenthetical: holding that where aircraft operations did not physically invade the landowner's estate, incidental smoke, vibrations and noise were not compensable takings
citation_b.sentence: See Avery v. United States, 165 Ct.Cl. 357, 330 F.2d 640, 645 (1964); see also Batten v. United States, 306 F.2d 580, 585 (10th Cir.1962) (holding that where aircraft operations did not physically invade the landowner’s estate, incidental smoke, vibrations and noise were not compensable takings); cf. Richards, 233 U.S. at 554, 34 S.Ct. at 657 (absent physical invasion of the property, there can be no recovery for “noises and vibrations incident to the running of trains, the necessary emission of smoke and sparks from the locomotives, and similar annoyances inseparable from the normal and non-negligent operation of a railroad”). However, where, as here, plaintiffs complain of a peculiarly burdensome pattern of activity, including both intrusive and non-intrusive flights, that significantly impairs their use and enjoyment of their land, those plaintiffs may state a cause of action. Cf. Griggs, 369 U.S. at 87, 82 S.Ct. at 532 (affirming that taking occurred even though some of the activities of which the plaintiff complained were near, but not over, the plaintiffs property); Richards, 233 U.S. at 557, 34 S.Ct. at 658 (“Construing the acts of Congress in the light of the Fifth Amendment, they do not authorize the imposition of so direct and peculiar and substantial a burden upon plaintiffs property without compensation to him.”); Branning, 654 F.2d at 90 (finding that the United States took private land without violating the landowner’s airspace because its overflights were “peculiarly burdensome” to the landowner).