Brown v. United States
United States Court of Appeals for the Federal Circuit
73 F.3d 1100 (1996)
The Air Force conducted low-altitude training flights (below 500 feet) over about 100 acres of the Browns' (plaintiffs') recreational ranch, without ever obtaining an easement over that specific land, though the Browns conceded their ranching and hunting operations weren't harmed. The Browns presented expert testimony showing the flights significantly reduced the ranch's resale value for recreational development; the trial court ruled for the government, finding no substantial interference with the Browns' use and enjoyment, and the Browns appealed.
Whether a property owner may recover damages for a government taking when overflights in the airspace above the property directly and substantially interfere with the owner's use and enjoyment of the land.