Source: ProSocial Libertarians
by Andrew Jason Cohen
“Together, Hinman vs. Pacific Air Transport (1936) and United States v. Causby (1945), ended ad coelum rights in the US. In ancient times and basically until Hinman, landowners were thought to have ad coelum rights of their land — rights to everything below it and everything above it ‘to the heavens.’ In the Hinman case, a landowner wanted the space above his land to be closed to airplanes. The court ruled that he had no such right. The essential concern was to allow for air travel, which was thought necessary for the future of the country. … Though I agree that air travel was good for economic prosperity and that such prosperity should be protected, I’ve never thought the court’s decision followed. Ending ad coelum rights was not necessary to attain the goal.” (12/15/25)
https://prosociallibertarians.substack.com/p/the-bundle-theory-of-property