Hastings Constitutional Law Quarterly


The terrible events of September 11, 2001, led to a great fear that our airspace would again be used as a tool of terror. Unfortunately, general aviation, a sector of aviation not involved in the attacks, was disproportionately affected by the severe and sometimes questionable airspace restrictions that followed. Arguably, Americans have a right to use our nation's airspace, much like a public highway, subject only to reasonable government regulations. This Note sets out the historical and legal Fifth Amendment takings arguments which may grant general aviation business owners severely affected by the airspace restrictions a remedy.

Specifically, this Note argues that some of the restrictions imposed after the attacks constitute a regulatory taking of general aviation aircraft for public use, for which compensation is due under the Fifth Amendment of the United States Constitution.