If enacted, HB 2688 would significantly impact the legal landscape surrounding unmanned aircraft systems in Oregon. The modification of ORS 837.380 introduces a more actionable pathway for property owners who feel their privacy is violated by unauthorized drone operations. This change not only emphasizes the protection of private property but also fosters a heightened awareness regarding the regulation of drone use within the state, putting responsibility on drone operators to ensure compliance with property rights.
Summary
House Bill 2688 aims to modify the existing laws governing unmanned aircraft systems, specifically enhancing property owners' rights regarding unauthorized drone flights over their properties. The bill allows individuals who own or lawfully occupy real property to bring civil actions against anyone operating an unmanned aircraft without permission. By revising ORS 837.380, the bill seeks to clarify the legal remedies available to property owners including the provision for treble damages in cases of trespass by drones. This change is intended to provide clearer rights and protections for property owners in an age of increasing drone usage.
Sentiment
The sentiments around HB 2688 appear to be largely favorable among property rights advocates who argue for stronger protections against invasive technology such as drones. Supporters praise the bill for empowering individuals to take legal action against trespasses that could infringe upon their privacy and property. However, there may also be concerns from drone operators and firms engaged in lawful drone use, as they may perceive the bill as an impediment to legitimate commercial activities that require operating drones in various sectors.
Contention
Notably, the bill outlines specific conditions under which an individual cannot bring an action, such as when the drone is operating under FAA authorization or when it is flying in a lawful flight path for landing. These exceptions reflect a balance that aims to protect both property rights and the established uses of unmanned aircraft. This potential clash between individual property rights and commercial drone operations may lead to future discussions regarding regulation and oversight as the drone industry continues to evolve.
Relating to the operation of an unmanned aircraft that is outside the direct line of sight of the operator of the aircraft; creating a criminal offense; imposing a fee.