I am somewhat loathe to gravitate back toward substance in this conversation, but I am going to.
I hope this thing does get appealed and that it goes as far as it needs to to get resolved properly.
There is plenty of legal precedent that establishes that people do own the air space immediately above their land.
This WY ruling appears to disregard that, by in effect saying to a land owner, no you do not own that airspace and you cannot preclude people from using it. It furter tells them that they can't high fence their property. In doing so, the government has effectively transformed that space to public space. The constitution is very clear about what has to happen before private property can be converted to public property.
With that being said, millions of acres of public property that isn't accessible to the public, isn't public property. Something needs to be done so that it is public property.
I believe the correct constitutional decision is for the states to take a small piece using eminent domain and compensate the landowners for the amount of land that they take. If that land is valued at $4000 per acre and the government takes 1/100th of that, then the landowner gets a $40 check.
