SB 142, as amended, Jackson. Civil law: unmanned aerial vehicles.
Existing federal law, the FAA Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015.
Existing law imposes liability for physical invasion of privacy, if a person knowingly enters onto the land of another without permission or otherwise commits a trespass in order to capture any image or recording of the plaintiff engaging in a private activity and the invasion is offensive to a reasonable person.
This bill would
define knowing entry upon the land of another also to include operation of an unmanned aerial vehicle below the navigable airspace overlaying the real property or operation of an unmanned aerial vehicle less than 350 feet above ground level within the airspace overlaying the realbegin delete property.end deletebegin insert property, without the consent of the landowner or without legal authority.end insert
Existing law deems the detriment caused by wrongful occupation of real property to be the value of the use of the property for the time of the wrongful occupation, the reasonable cost of repair or restoration of the property, and the costs of recovering the possession.
This bill would extend liability for wrongful occupation of real property and damages to a person whobegin delete without permissionend delete
operates an unmanned aerial vehicle below the navigable airspace overlaying the real property or operation of an unmanned aerial vehicle less than 350 feet above ground level within the airspace overlaying the realbegin delete property.end deletebegin insert property, without the consent of the landowner or without legal authority.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1708.83 is added to the Civil Code, to
2read:
(a) A person knowingly enters onto the land of
4another person pursuant to subdivision (a) of Section 1708.8begin delete ifend deletebegin insert if,
5without the consent of the landowner or without legal authority,end insert
6 he or she does either of the following:
7(1) Operates an unmanned aerial vehicle below the navigable
8airspace, as defined in paragraph (32) of subsection (a) of Section
940102 of Title 49 of the United States Code, overlaying the real
10property.
11(2) Operates an unmanned
aerial vehicle less than 350 feet above
12ground level within the airspace overlaying the real property.
13(b) A person wrongfully occupies real property and is liable for
14damages pursuant to Section 3334 if, withoutbegin delete permission,end deletebegin insert the
15consent of the landowner or without legal authority,end insert he or she does
16either of the following:
17(1) Operates an unmanned aerial vehicle below the navigable
18airspace, as defined in paragraph (32) of subsection (a) of Section
1940102 of Title 49 of the United States Code, overlaying the real
20property.
21(2) Operates an unmanned aerial
vehicle less than 350 feet above
22ground level within the airspace overlaying the real property.
23(3) This section shall not be construed to impair or limit any
24otherwise lawful activities of law enforcement personnel or
P3 1employees of governmental agencies or other public or private
2entities that may have the right to enter land by operating an
3unmanned aerial vehicle within the airspace overlaying the real
4property of another, including the right to use private lands
5acquired pursuant to subdivision (d) of Section 1009.
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