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major marco
Res Firma Mitescere Nescit
Premium
join:2003-02-13
Stepford, CA

1 edit

reply to soccerguy

Re: I call bullshit

said by soccerguy:

Those air rights are generally for physical occupation by buildings, etc. Those air rights do not include wireless spectrum, which is owned by the people and licensed by the government (in the US anyway).

So no, you're wrong.
I base my above-referenced statements on current California State Law. What's your source?

--
The Toll


soccerguy

join:2004-06-28
Seattle, WA

1 edit

The fact that federal law trumps California state law on this issue. And federal law says the people through the federal government own the spectrum in the air above your property. You do not.

Air rights laws generally refer to development rights, which means physical building and construction, not the ownership of transmission of radio, television, cellular or other type of non-physical media that may pass through or above the property you own.

This is a well-settled area of the law. Perhaps you are misreading the purpose of the California law.


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