A taking of airspace above private property may result from frequent low flights of aircraft that substantially interfere with the practical use and enjoyment of the property. ^[41] Noise, vibrations, and airplane pollutants unaccompanied by an actual physical invasion of the airspace immediately over the property owner’s land may also constitute a taking. Direct overflight is not required. ^[42]

A taking has also been found when trees were cut on private property in an airport approach zone established by a municipal ordinance. ^[43] The court found that removing the trees and limiting the height of buildings in the airport approach zone constituted a taking. ^[44]

Notes:
^[41] Osborne Enterprises, Inc. v. City of Chattanooga, supra.

^[42] Jackson v. Metropolitan Knoxville Airport Authority, 922 S.W.2d 860 (Tenn. 1996).

^[43] Osborne Enterprises, Inc. v. City of Chattanooga, supra.

^[44] Osborne Enterprises, Inc. v. City of Chattanooga, supra.