Seems in the world today everything is public and the word privacy appears to vanish into thin air. I’ve watched over the decades how government and their agencies disregard folks’ private property rights to the tune that now even our neighbors think they have some right over your property.
It’s time to understand that private property rights are the pillar of rights we enjoy and need to be defended not disregarded. So with that let’s look at a couple of things that have popped up lately and how you as a landowner can protect yourself.
A drone flown by a private individual must be operated in accordance with Federal Aviation Administration (FAA) regulations. Below is a summary of the regulations and suggestions on what to do if a private individual is operating a drone and collecting video over or near your property.
Summary of FAA Regulations for Hobby or Recreational Drones (FAA Part 107):
Drones can be flown by private operators at or below 400 feet above the ground in Class G airspace. Farmland qualifies as Class G airspace.
An operator of a drone must fly the drone within his/her visual line of sight (VLOS) or within the VLOS of a visual observer who is next to the operator.
Drones cannot be flown directly over any person who is not affiliated with the operator of the drone.
Drones cannot be operated in a careless or reckless manner.
If an operator intentionally violates drone safety requirements or operates the drone in a careless or reckless manner, they could be liable for criminal and/or civil penalties.
What to do if a drone is flying over your farm:
Do not shoot down the drone. Shooting down a drone is a federal crime.
The drone may be filming you. Remain calm and do not become combative as you are likely on video.
You should film the drone and its operator, especially if the drone is flying close to livestock, over anyone on your property, or close to buildings or your home.
You should advise the operator that they do not have permission to fly over and film your property.
If the operator is located on your property, advise them that they are trespassing and ask them to leave. You should always know the boundaries of your property. If the operator is located on the side of the road and outside of the road right-of-way (ROW), then that is your property.
You should contact local law enforcement if the operator does not leave your property.
The drone operator may be liable for trespassing, nuisance, invasion of privacy, stalking, and other violations, and you may wish to consult with an attorney.
Property owners can take action to protect their property from trespassing by providing notice that entry to the property is not allowed. Property owners seeking to protect their private property from trespassing should be aware of and consider the following:
A property owner must place a written notice (i.e. no trespassing sign) prohibiting entry in a conspicuous fashion at the main entrance to the property or the forbidden part of the property. The property owner can also inform someone verbally or in writing that they are prohibited entry as well.
No trespassing signs are widely recognizable, but they can easily be removed allowing trespassers to claim ignorance of their location.
A property owner may also paint purple marks on trees or posts, at least 8 inches in length between 3 and 5 feet off the ground and no more than 100 feet apart, around the property as notification of no trespassing. A fence post can be capped or marked with purple paint on at least the top 2 inches of the fence post between 3 and 5 feet off the ground and no more than 36 feet apart. If fence posts visible from both sides of a fence shared by neighboring landowners are to be marked with purple paint, both landowners must agree. All purple markings must be readily visible to anyone entering the property.
The paint is a more permanent solution than no trespassing signs, but there are still many people who are unfamiliar with this law.
A person also commits trespassing if they present false documents or falsely represent their identity to an owner in order to obtain permission to enter or remain on the land.
A person who commits criminal trespass may be charged with a Class B misdemeanor. A person who trespasses in a farm field, an enclosed area containing livestock, or a building containing livestock in a motor vehicle after having been notified that entry is prohibited may be charged with a Class A misdemeanor.
“Private property was the original source of freedom. It still is its main ballpark.” – Walter Lippmann
Ron Kern is the manager of the Ogle County Farm Bureau.
