MARVIN MANDEL, Governor                            1475

ADMINISTRATION ARE DECLARED TO BE PUBLIC AND GOVERNMENTAL
FUNCTIONS, EXERCISED FOR A PUBLIC PURPOSE, AND MATTERS OF
PUBLIC NECESSITY. ALL LANDS AND OTHER PROPERTY AND
PRIVILEGES ACQUIRED AND USED BY OR ON BEHALF OF THE STATE
IN THE MANNER AND FOR THE PURPOSES ENUMERATED IN THIS
ARTICLE SHALL AND ARE DECLARED TO BE ACQUIRED AND USED
FOR PUBLIC AND GOVERNMENTAL PURPOSES AND AS A MATTER OF
PUBLIC NECESSITY.

TITLE 3. LEGAL STATUS OF AIR NAVIGATION.
3-301.

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.

3-302.

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 § 3-30 3 AND SUBJECT TO THE
RIGHT OF ZONING SET FORTH IN TITLE 8 OF THIS ARTICLE.

3-303.

FLIGHT IN AIRCRAFT OVER THE LANDS AND WATERS OF THIS
STATE IS LAWFUL, UNLESS AT SUCH A LOW ALTITUDE AS TO
INTERFERE WITH THE 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
DANGEROUS 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 OF THE AIRMAN SHALL BE LIABLE, AS
PROVIDED IN § 3-304.

3-304.

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
THEREFROM, 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 THE INJURY THE 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