Harriman seeks to avoid government ownership of the Moon. As it passes directly overhead only in a narrow band north and south of the equator, he uses a legal principle that states that property rights extend to infinity above a land parcel. On that basis, Mexico, Central and parts of South America, and other countries in those latitudes around the world, have a claim on the Moon. The United States also has a claim due to Florida and Texas. By arranging for many countries to assert their rights Harriman persuades the United Nations to, as a compromise, assign management of the Moon to his company.
"The Man Who Sold The Moon" written by Robert H. Heinlein written in 1949.
Harriman seeks to avoid government ownership of the Moon. As it passes directly overhead only in a narrow band north and south of the equator, he uses a legal principle that states that property rights extend to infinity above a land parcel. On that basis, Mexico, Central and parts of South America, and other countries in those latitudes around the world, have a claim on the Moon. The United States also has a claim due to Florida and Texas. By arranging for many countries to assert their rights Harriman persuades the United Nations to, as a compromise, assign management of the Moon to his company.
This does not have any basis in legal fact. It's made up nonsense.
Au contraire mon ami...
https://en.wikipedia.org/wiki/Cuius_est_solum,_eius_est_usque_ad_coelum_et_ad_inferos
You should probably read the text you are quoting a little more closely:
In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes to the space immediately above and below the ground (Emphasis mine) – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings.
The FAA says that you do not own airspace. It's for everyone to use and they manage it. I need to look this up, but I believe the modern interpretation is that it ends just a bit above all the structures on your property. Above that is uncontrolled airspace up to 400 feet for drones and such, which airplanes normally stay out of unless they are landing. Above that is controlled by the FAA and they will actively keep you from using it unless you have a license or a legal waiver in one of their rules, for instance, model rocketry is given a limited waiver for the size of the rocket and how much propellant it has... this is rule 14 CFR part 101. This rule also applies to kites and moored balloons.
Please educate yourself - it's quite complicated.
And again, the stuff about owning the moon because it's above your property is ridiculous... the moon is in orbit and goes all the way around the earth, even as the earth rotates underneath it, so the moon is not above one spot on earth continuously. There would be no way to determine who would own it.
Our legal system operates on precedent. If you were to interpret the precedents of old laws on homesteading or mine claims, you can't just "claim" a piece of land anyway. You have to show up, put your feet on it, stake it out and measure it and put the survey on a map, file it with the local government and have the claim be recognized and validated. And that's not all, you have to make some improvement on the land in order for the claim to be valid. You can live on it, plant crops and farm it, mine it, or any number of things. But you have to do something other than just wave your hand at the moon and say "it's all mine" like a four-year-old. It doesn't work that way.
You only own up to the heavens. It doesn't say you own the heavens. One would have to determine where heaven starts.
(post is archived)