US vs.

CAUSBY (Shorter Version)

FACTS: Government planes fly over a private property at such low altitude as to practically touch
the tops of the trees. Herein respondent, owner of the said property filed a complaint against
public respondent on grounds that there was an intrusion into the superjacent rights of the
former entitling the same to payment of just compensation because the owner was deprive of
the use of the said property. Petitioner contends that there has been no taking because flights
are made within the navigable airspace and, there was no divestiture of title.
ISSUE: Whether or not there was a taking of superjacent space which entitles for just
compensation.
HELD: Yes. Superjacent space is not part of private property because being a public domain,
ownership of the same is vested in the State. However, if flying or occupying over it so low and
frequent as to create a direct and immediate interference with the enjoyment and use of
the land underneath it, then a taking is considered, entitling the owner for a just compensation.