Do you need to ask them for permission before flying? Is it necessary to somehow amortize the risk of the aircraft falling on the property of people located beneath it, and how to compensate for the noise of the engines/propellers? What is your personal/Montelibero/Montenegrin position on this issue?
L29Ah (the question is accompanied by a donation of 0.012345678901 Monero)
I like how David Friedman analyzes this and many other questions (sorry for buzzing your ears with him so much). He analyzes the topic in great detail in the book The Machinery of Freedom. I have managed to get through about a third of it so far. Much more concisely—in one of the chapters of The Machinery of Freedom. There, economic analysis of law is also used as a basis for reasoning. This often allows for a fairly clear generalization of those specific answers that I have to give from time to time.
To put it very briefly, the lower the transaction costs for proposed deals to purchase rights to actions that violate others’ interests, the more convenient it is to recognize the owners’ right to prohibit such actions. If necessary, the potential trespasser will buy the right of passage. And the higher the transaction costs, the more convenient the procedure of judicial settlement of such cases becomes through claims for damages. No one defines a specific threshold altitude at which one can fly over someone else’s property, but if the flight caused damage, it will have to be compensated in court. Flights over someone else’s territory at a sufficiently high altitude (so as to at least not crash into terrain irregularities in normal mode and not frighten people with the wild roar of engines) are clearly the second case; obtaining permission to fly from all owners over whose territory it may occur is an unrealistic task.
Specifically in Montenegro, there is state licensing for the import of drones into the country, certain weight restrictions, a ban on flying above a certain altitude, and other highly sophisticated restrictions, some of which can be bypassed, while in others it proves too expensive, and it is simpler to accept that a certain application of drones is too troublesome to engage in systematically. Naturally, we in Montelibero find the complete repeal of all these regulations desirable, because drones can at least be used to take beautiful photos, which is useful for promoting the project. But, of course, the drone owner must be prepared for the fact that if their expensive toy falls on someone else’s plot, they may well lose it. The plot owner is not responsible if a cow steps on the fallen drone, or if his underage son decides to break something off this unexpected gift. He is not even obliged to let the drone owner onto his territory—here, the right of prohibition applies, because the transaction costs for purchasing the right of passage are small.
