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109 Iowa L. Rev. Online 1 (2023)

handle is hein.journals/iowalrb15 and id is 1 raw text is: Does DARC Really Matter?: A Response to Wright & Moore Troy A. Rule* ABSTRACT: Danaya Wright and Ethan Moore's Article, DARC Matters: Repurposing Nineteenth-Century Property Law for the Twenty-First Century, is a valuable contribution to a growing body of legal academic literature focused on property law obstacles to the deployment of commercial drone technologies. Wright and Moore rightly acknowledge landowners' long-held rights to exclude objects from the low airspace immediately above their land-rights that some major retailers have aggressively sought to weaken in recent years to facilitate drone delivery services. The Article is probably overly optimistic in its suggestion that using airspace above existing railroad and utility easements is the most feasible pathto unleashing widespread drone delivery services in the United States. Still, the Article affirms landowners' airspace exclusion rights and highlights the potential to leverage existing easement rights in the drone age-observations that are likely to become increasingly relevant as drone technologies continue to advance in the coming years. INTRO DU CTION ......................................................................................... 2 I. AN OPEN-EYED VIEW OF THE AIRSPACE-RELATED OBSTACLES TO COMMERCIAL DRONE OPERATIONS .................................................4 A. AFFIRMING THE REALITY OF LANDOWNERS' LOW AIRSPACE RIGHTS ............................................................................... 5 B. IMPORTANT NON-LEGAL OBSERVATIONS ABOUT DELIVERY D R ON ES......................................................................................6 II. POINTS OF DISAGREEMENT ........................................................... 7 A. IN MANY SETTINGS, RAILROAD AND UTILITY EASEMENTS WILL NOT BE ENOUGH ............................................................................. 7 B. COMMON LAW ADJUSTMENTS VERSUS SHIFTING A PROPERTY ENTITLEMENT ......................................................................... 8 C. PRIVATE VERSUS PUBLIC USES OFA COMMERCIAL EASEMENT IN Joseph M. Feller Memorial Chair in Law & Sustainability and Professor of Law, Sandra Day O'Connor College of Law, Arizona State University. Many thanks to the 2022-23 Iowa Law Review editorial board for inviting me to read and respond to an excellent article contributing to the burgeoning field of drone law. 1

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