Flight in aircraft over the lands and waters of this State is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.

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Terms Used In Delaware Code Title 2 Sec. 304

  • Aircraft: includes balloon, airplane, hydroplane and every other vehicle used for navigation through the air. See Delaware Code Title 2 Sec. 301
  • Airperson: includes aviator, pilot, balloonist and every other person having any part in the operation of aircraft while in flight. See Delaware Code Title 2 Sec. 301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

No person shall land an aircraft on the lands or waters of another, without the owner’s consent, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the airperson shall be liable, as provided in § 305 of this title.

33 Del. Laws, c. 199, § ?4; Code 1935, § ?5779; 2 Del. C. 1953, § ?304; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 575, § ?13;