The FAA hasn’t blocked any of the private property restrictions yet, but if it did, state and local government would probably push back, especially because state law—not federal—determines property rights.
“Are all those cities and counties just going to roll over and let the FAA do what it wants?” asks Troy Rule (pdf), an associate professor of law at Arizona State University, “Oh no —they’re anticipating they have some rights. It is not obvious that the FAA’s authority overrides everyone else’s in this scenario.”
“The Supreme Court said that landowners have as much airspace as can be used in connection with the enjoyment and use of the land,” says Greg McNeal, a professor of law and public policy at Pepperdine University. “In the United States v Causby, it was 83 feet. But it’s an open question above that. Anyone who says there are clear answers to how these questions will be resolved is advocating more than they are informing.”