Questione giuridica chiave
Whether the property was entitled to compensation for actual overflight
Decisione estratta
No compensation was due for actual overflight because the flights did not regularly penetrate the airspace above the parcel at a sufficiently low height.
Motivazione estratta
The court held that only regular, low direct penetrations of the airspace constitute an expropriable overflight; the recorded takeoffs mostly flew above the critical height and only occasionally crossed lower levels.