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Originally Posted by migol24
Makes no sense that if its yours up to the heavens you'd have to get permission to build highrises, skyscrapers by the city council. A bit off topic but this also makes me wonder that if, hypothetically speaking, I actually had a rocket that would fly me to outer space, the government would allow me to do such thing.
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Height restrictions are like any other zoning restrictions. So long as it doesn't totally destroy the value of the property they are constitutionally permissible.
That doesn't mean that you lack the property rights - it just means you must conform to the zoning (or get a variance). As a practical matter - it may well be an argument in favor of not having to get air rights if there is a height restriction in place.
But the underlying principle of property rights in America begins with the notion that if you own the surface you effectively own the subsurface and the air above it (of course, mineral rights are frequently severed from surface lots, especially here in Texas, but that is another matter altogether).
As far as building a rocket - I'm fairly certain the FAA holds jurisdiction on all matters involving flight and has the federal power to regulate it as it likes.