The ownership of property does not extend infinitely upward, and navigable airspace is public domain. Decided May 27, 1946 (argued May 1, 1946). Opinion of the Court: William O. Douglas → go there Dissenting: Black, Burton. Topic: Takings Clause. United States v. Causby, 328 U.S. 256 (1946), was a landmark United States Supreme Court decision related to ownership of airspace above private property. The United States government claimed a public right to fly over Thomas Lee Causby's farm located near an airport in Greensboro, North Carolina. Causby argued that the government's low-altitude flights entitled him to just compensation under the Takings Clause of the Fifth Amendment. Wiki link