WM. PRESTON LANE, JR., GOVERNOR. 989

(c) participate as party plaintiff or defendant or as
intervener on behalf of the State or any municipality or
citizen thereof in any controversy which involves the interest
of the State in aeronautics.

OPERATION OF AIRCRAFT

6. (Sovereignty in Space. ) Sovereignty in space above the
lands and waters of this State is declared to rest in the State,
except where granted to and assumed by the United States
pursuant to a constitutional grant from the people of this
State.

7. (Ownership of Space. ) The ownership of the space
above the lands and waters of this State is declared to be
vested in the several owners of the surface beneath, subject
to the right of flight described in Section 8.

8. (Lawfulness of Flight. ) Flight in aircraft over the lands
and waters of this State is lawful, unless at such a low alti-
tude as to interfere with the then existing use to which the
land or water, or the space over the land or water is put by
the owner, or unless so conducted as to be imminently dan-
gerous to persons or property lawfully on the land or water
beneath. The landing of an aircraft on the lands or waters
of another, without his consent, is unlawful, except in the
case of a forced landing. For damages caused by a forced
landing, however, the owner or lessee of the aircraft or the
airman shall be liable, as provided in Section 9.

9. (Damages on Land. ) The owner of every aircraft which
is operated over the lands or waters of this State is prima
facie liable for injuries to persons or property on the land
or water beneath, caused by the ascent, descent or flight of
the aircraft, or the dropping or falling of any object there-
from, unless the injury is caused in whole or in part by the
negligence of the person injured, or of the owner or bailee
of the property injured, or unless at the time of such injury
the said aircraft is being used without the consent, express
or implied, of the owner. If the aircraft is leased at the time
of injury to person or property both owner arid lessee shall
be prima facie liable, and they may be sued jointly, or either
or both of them may be sued separately. The presumption of
liability on the part of the owner, or of the owner and lessee,
as the case may be, may be rebutted by proof that the injury
was not caused by negligence on the part of such owner or
lessee, or of any person operating such aircraft with the
permission of the owner or lessee, or of any person maintain-
ing or repairing such aircraft with the permission of the
owner or lessee. An airman who is not the owner or lessee