Pa. Cons. Stat. » 74 Pa. Cons. Stat. (TRANSPORTATION) / Chapter 55
Pennsylvania Consolidated Statutes

74 Pa. Cons. Stat. § 5501 (2026)

 Ownership of space.

✓ current as of May 2026
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CHAPTER 55

LEGAL STATUS OF AIR NAVIGATION

 

Sec.

5501.  Ownership of space.

5502.  Damage to persons and property on ground.

5503.  Law applicable to crimes and torts.

5504.  Law applicable to contracts.

 

Enactment.  Chapter 55 was added October 10, 1984, P.L.837, No.164, effective immediately.

§ 5501.  Ownership of space.

(a)  General rule.--The ownership of the space over and above the lands and waters of this Commonwealth is declared to be vested in the owner of the surface beneath, but the ownership extends only so far as is necessary to the enjoyment of the use of the surface without interference and is subject to the right of passage or flight of aircraft. Flight through the space over and above land or water, at a sufficient height and without interference to the enjoyment and use of the land or water beneath, is not an actionable wrong unless the flight results in actual damage to the land or water, or property thereon or therein, or use of the land or water beneath.

(b)  Penalty.--Except in an emergency, no aircraft may land on, taxi or maneuver upon, or take off from a public airport unless operated by a person possessing proof of having attained a national standard of competence in the operation of that aircraft. Any person violating any of the provisions of this part, unless the violation is by this title or other statute of this Commonwealth declared to be a misdemeanor, or any of the rules and regulations adopted by the department pursuant to this part, commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50 and not more than $200 and, in default thereof, to undergo imprisonment for a period not exceeding 30 days.

Notes of Decisions
Cited in 3 cases, 1993–2002 · leading case: Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002).
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Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002). “Beam also argues that we may affirm the Commonwealth Court on grounds that that court did not reach, namely, that his airfield is not an airport which, under the applicable statute and regulations, must be licensed.”
In Re Flowers, 734 A.2d 69 (Pa. Commw. Ct. 1999). “In Pennsylvania, ownership of air space is governed by Section 5501 of the Aviation Code, 74 Pa.C.S. § 5501, which provides in relevant part: (a) General rule.”
Commonwealth v. Rogers, 634 A.2d 245 (Pa. Super. Ct. 1993). “Flight through the space over and above land or water, at a sufficient height and without interference to the enjoyment and use of the land or water beneath, is not an actionable wrong unless the flight results in actual damage to the land or water, or property thereon or…”
— 74 Pa. Cons. Stat. § 5501(a) — 1 case
Commonwealth v. Rogers, 634 A.2d 245 (Pa. Super. Ct. 1993). “Flight through the space over and above land or water, at a sufficient height and without interference to the enjoyment and use of the land or water beneath, is not an actionable wrong unless the flight results in actual damage to the land or water, or property thereon or…”
— 74 Pa. Cons. Stat. § 5501(b) — 1 case
Commonwealth v. Beam, 788 A.2d 357 (Pa. 2002). “Beam also argues that we may affirm the Commonwealth Court on grounds that that court did not reach, namely, that his airfield is not an airport which, under the applicable statute and regulations, must be licensed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.