Is Flying Drones over Private Property Legally Permissible?

Is Flying Drones over Private Property Legally Permissible?

Our caller for today, Alan is in a bit of a quandary. Alan’s local church has a strict no-drone policy. Security officials at the church are even trying to prevent him from flying over the church. Can local organizations like these prevent drone pilots from flying over their private property?

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01:02 – Do not miss your chance to train at the all new Drone U training center
02:43 – Today’s question is about local organizations preventing drones flying over private property
03:47 – Do organizations have the right to prevent drone flight?
06:25 – Should Alan attempt to build a relationship with his local church?
08:27 – When and where are the forthcoming Drone U trainings being held?
08:52 – Learn about the 2020 Drone U Fly-in being held from April 4-5 in Santa Fe, New Mexico

Please watch: “How FAA’s NPRM for Remote ID for Drones Will Hurt Hobby Pilots or RC Pilots with Jon McBride”

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  1. Jerry Luttig on February 23, 2021 at 11:23 pm

    Some people just like to hold you back.

  2. Scott Law on February 23, 2021 at 11:23 pm

    First, I appreciate that you referred to The Church of Jesus Christ of Latter Day Saints as LDS. I am not an attorney and cannot speak officially for the LDS church or any other. As a former service missionary photographer for the LDS Church I can tell you that they are hyper-sensitive to the possibility of suits for damages of any kind. Some people see the Church as a place with deep pockets and possibly easy money. I’m sure that their ban on drone photography over Church property is driven by that concern and by people’s right to security and privacy. If some accident were to happen that injured someone or damaged property or if a drone pilot were to crash and lose their drone on the top of one of their buildings, they might have some legal argument and protection by citing the ban on drone flying on the property.

  3. Denis Ruckterstuhl on February 23, 2021 at 11:24 pm

    Im LDS, i understand if all members fly in chappel parking, that can be a problem, but ground and building was pay by members money and belong to church but sky belong to drones FAA recordeds, and we can fly as church has no meetings, so no problems during weeks days. Mormons leaders dont know the law, they dont fly drone, so we can teach LDS bishopric about what they dont know, but better by email or printeds papers. For drones, there is no privat property, they own 2 meter sky over house roof, just to repair brocken roof, over, a drone is legal. Mormons have big parking, go at end or in pedestrian way, outside church belonging

  4. maykevin5 on February 23, 2021 at 11:26 pm

    What if you are filming a wedding there for a client and you ticked them off and they ban you from the property and can’t film your clients wedding?

  5. Derrick Supan on February 23, 2021 at 11:32 pm

    Be nice Paul 😂😂 GFY!!!!

  6. flipteezy on February 23, 2021 at 11:32 pm

    2:42 intro.

  7. Brian Boru on February 23, 2021 at 11:33 pm

    Some guy carrying a glock coming on my property trying to retrieve his shot-up drone. Lol

  8. Sujay D on February 23, 2021 at 11:33 pm

    Where can I find the memorandum? Can someone guide me on this.

  9. TeddyB on February 23, 2021 at 11:37 pm

    So if I understand you, this FAA memo trumps FL law that says you must have permission to over fly private property unless you have the owners permission?

  10. Treetop Flyer on February 23, 2021 at 11:44 pm

    Specific to this case: It does not appear that this is a client request that the church be flown. The caller seems to want to overfly the church for his own reasons, whether for profit or not. The caller indicated that he has been approached by church authority and asked not to overfly. Legally he cannot be restricted…HOWEVER…
    One of the tenets of American society is the Freedom of Worship. An ethical argument can be made that the congregation has a reasonable expectation of respect for the sanctity of their place of worship. As Americans we should be vigilant against those who would use the freedom of the skies to harass faith communities with drones. If the church authorities have made this policy know to the community the responsible thing would be to respect that policy. There seems to be no compelling reason not to in this case.
    Near Chicago there is the scenic Bahá’í House of Worship, sometimes known erroneously as the Bahá’í Temple. Since their community’s form of worship involves quiet contemplation, drones are a nuisance when they fly over the prayer gardens. The facility has had to post "Drone Flying Prohibited" notices around its perimeter. (Not prohibited by law, but by policy) I have found that there is no need to overfly the area since angled views from 100 yards outside their property lines is more than scenic enough to get great images. Don’t get me wrong. I love flying churches and steeples. But the moment someone in authority at the church takes an issue, I’m perfectly willing to land and respect their wishes, merely as a courtesy and an act of good will.

  11. JAHPhoto RCFPV on February 23, 2021 at 11:45 pm

    Does this apply to rec pilots as well?

  12. Triple T on February 23, 2021 at 11:46 pm

    Can not fly over people… drone is breaking law.

  13. happy2watchu on February 23, 2021 at 11:50 pm

    So does that allow me to fly a drone over a concert and record and stream live the concert.

  14. forrest gump V on February 23, 2021 at 11:54 pm

    If anyone is flying one over my property , it might get accidentally shot down and accidentally fall into a fire.

  15. Earsonfire on February 23, 2021 at 11:56 pm

    I flew a church recently. 1st I contacted them, gave my credentials and intent. Asked what they "thought" about it and they welcomed my request with open arms. No problem at all. The main thing always is to approach with a professional, polite, and suggestive manner. If that doesn’t work then you can "be like Paul" LOL!

  16. Darin Sharp on February 23, 2021 at 11:58 pm

    Even if through some legal loophole you can go on or over private property, stay out, especially if asked not to. They own it, so respect their freedom.

  17. ae4xo on February 23, 2021 at 11:59 pm

    I feel that this question keeps coming back for some reason

  18. Unlisted Youtube Video on February 23, 2021 at 11:59 pm

    What would be super helpful would be to do a short 1 minute or less video of your contact from the FAA introducing himself and then addressing the issue of the pilot having the right to fly over buildings and the fact that it is a felony to try to prevent someone from doing so. This way everyone could pull that video up from the DroneU Youtube channel and educate anyone that is giving a pilot a problem, including responding law enforcement. There are likely a dozen or so subjects that your FAA guy could do one-minute videos on. For a subject like that, the video needs to be short and from a person of authority – even if it is a local police officer and not the FAA.

  19. Jess on February 24, 2021 at 12:04 am

    My exfriends have some sort of mental illness or personality disorder to have a sent a drone on our property at least twice after already telling them to stay away from us. People need to have more rights.

  20. Saville Creations on February 24, 2021 at 12:04 am

    Some input here. About a year ago I was stopped by a gentleman at one of the referenced churches. He told me that the local law prohibits flying over any church building. I let him know that that was not accurate. He wrote down my license plate and said he was going to report me. He also said he would have a letter sent to me from a lawyer. So I proactively called the law office myself and spoke to one of the lawyers. He was very kind, said he was a drone enthusiast himself and said he didn’t believe any such policy was possible. We both got a good laugh.

    While the so called security guard was incorrect, I do understand the importance of being respectful. Many faith meetings, weddings etc take place at places of worship. Don’t interrupt or distract from what people are there for. Pick times that houses of worship are closed or fly at heights or distances that you don’t interfere with people…either by noise or proximity. This of course is true regardless of what type of location you are flying by. Thanks for the question and thanks for the video.

  21. Be Foreal on February 24, 2021 at 12:07 am

    It’s the creepy people that want s to lookin and c what u doing or pervert lookin in the windows at your kids or wife . Or whatever

  22. wa4aos on February 24, 2021 at 12:08 am

    GFY back at you. As a licensed private pilot, property owner and drone pilot, I understand both sides of this problem. To tell someone to GFY because they don’t like you flying over their property is exactly why the FAA is in the middle of RPIC rulemaking which may limit all drone flights to small fields and away from other people’s property. AND if you can find such a place, expect to pay to play. Real estate is EXPENSIVE and getting more so daily!!
    There have been many abuses of drones flying and invading people’s privacy. And on their own property makes this a valid concern.
    What if a woman desires to sunbathe on her patio with a privacy fence and in the nude. Should she have to worry about jerks with high resolution cameras and with zoom ability watch her enjoying her privacy on her own property? This just one of many examples which are valid.
    I hope to continue to fly my ZD850, large frame hex around my area. One neighbor has already considered the airspace above her house to be her property and does not want me to fly over "her space," Instead of fighting it out, I avoid her property lines. Some battles are just not worth the time.
    If you keep up your GFY attitude, the FAA rules under present consideration will tell all RPIC’s to GFY. I would understand if they did rule heavily against all of us based on your cavalier attitude.
    BTW" the term GFY has been around for MANY decades and is not inside info in your small and diluted world of immaturity, as you seem to mistakenly believe. GFY !!!

  23. robopam on February 24, 2021 at 12:11 am

    LDS doesn’t want drone over flights? Surprise. Hahahaha!

  24. Derrick Williams on February 24, 2021 at 12:11 am

    Although I would love to whip out an FAA preemption, black folk get killed by cops on routine stops these days.

  25. Yosa yogi on February 24, 2021 at 12:11 am

    This start up song sounds like Star talks song on Neil Degrassi Tyson show.

  26. Papa Rowe on February 24, 2021 at 12:11 am

    Hey guys, love your show. Just one minor point, please check into Nevada. There is a state law that puts restrictions on flying over private property. The law states you must be 250ft over private property. There are some other things associated with this state law too, including it does not apply if you are traveling somewhere else and it seems to require the property owner to object. I am no attorney, so check it out. Perhaps the law needs to be tested. Regardless, it does exist in nevada. So it is good to check out local and state laws. NRS 493.103

  27. Allstylesproduction on February 24, 2021 at 12:13 am

    What are the rules for flying on your own land, as a hobbyist? I have a DJI mini 2 and a registered Mavic air.

  28. Mark Brill on February 24, 2021 at 12:16 am

    Paul and emotional maturity do not go together. He defiantly thinks everyone else on this planet is below him and should respect just because he exists
    It is people like him that make the general public sceptical of the drone community. Simply put Grow up and have a little respect for the rest of us.

  29. Phil C on February 24, 2021 at 12:16 am

    If you fly over a place that you know doesn’t want you flying then you are going to ruin the drone hobby.

  30. pope luke on February 24, 2021 at 12:19 am

    In michigan we shoot them all down shouldn’t be flying over my private 100 acres over the past 4 years we’ve got 3 of them no ones ever had the balls to try to come get them back so don’t even know who’s doing it because the neighbors shoot them as well.

  31. Yafo, Is on February 24, 2021 at 12:20 am

    you ever heard of Doris Hansen, has a YT called “what eve it this?”

  32. Brian Boru on February 24, 2021 at 12:20 am

    Most people will just shoot it down

  33. Unlisted Youtube Video on February 24, 2021 at 12:20 am

    If someone was against you flying over their property, but you did anyway and hit a tree limb or otherwise caused your drone to crash onto their property, what are your rights as it pertains to the recovery of your drone?

  34. Mark Shelly on February 24, 2021 at 12:22 am

    GFY! Love it. just subbed.

  35. Yosa yogi on February 24, 2021 at 12:22 am

    Where can I find this memo from fan that I can print out ? Please show me or send me a link to it. Thank you.

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