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Do You Own The Space Above Your House?

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Cuius est solum, eius est usque ad coelum et ad inferos means "whoever owns the soil, it is theirs up to Heaven and down to Hell." This property right principle asserts that a person who owns a particular piece of land owns everything directly above and below that piece of land, no matter the distance, and can prosecute trespassers who violate their border on the surface, underground and in the sky. But has that held up in court over the years?

Despite the Latin phrasing, the principle was not a part of classical Roman law, and is usually attributed to the 13th-century Italian scholar Accursius. It made its way to England and was first used in the English-speaking world by Sir Edward Coke, an Elizabethan-era lawyer/judge/politician. It gained wider popularity in Commentaries on the Laws of England (1766), a treatise by judge and jurist William Blackstone.

Commentaries was highly regarded as a leading work on the development of English law and was influential in the development of the American legal system. It was said that "no other book except the Bible has played so great a role" in shaping American institutions, and many of Blackstone's ideas, including Cuius est solum... were quickly adopted and repeated by American courts and legal scholars.

Beginning with the 1797 decision in State v. David (Mr. David was indicted in Delaware for stealing two barrels of herrings after the barrels were found buried on his land) and continuing for the next hundred years, the American legal system maintained that landowners' rights extend over a tract of space that stretches from the center of the earth out into the atmosphere. Sometimes this space is described as a straight column with dimensions that match the property's surface-level boundary lines. The column sometimes began at a theoretical point at the very center of the earth, continues through the surface of the earth and upward into the sky. Other times, it was described as being shaped like an inverted pyramid. The tip is at the center of the earth and the space widens to meet the property's surface boundary lines.

The 150 Most Important Dead Chickens in Legal History

The doctrine worked well enough in the U.S. for a little more than a century, but in 1903 the Wright brothers shook things up when they got their powered Wright Flyer I airborne. From there, air travel expanded quickly and by the late 1930s, commercial airlines were carrying mail and passengers across the country.

Those magnificent men in their flying machines, of course, were violating countless borders as they crisscrossed the U.S., and the property owners began to sue the trespassing airline companies. Having to get permission from, or pay a settlement out to, anyone whose house they wanted to fly over would have caused major headaches for the airlines, the courts and federal regulators, and the doctrine began to fall out of favor.

The courts turned on their beloved Blackstone’s idea and began to regularly reject the ad coelum approach to airspace rights. Instead, they interpreted the maxim as giving property owners rights to the sky “within the range of actual occupation,” and use of airspace “to such an extent as [they are] able.” Congress, meanwhile, passed the Air Commerce Act in 1926, and gave the government jurisdiction over “navigable air space,” or the sky above “minimum safe altitudes of flight” as determined by the federal government.

In 1946, the United States Supreme Court heard United States v. Causby. Their decision in the case proved to be the final nail in the ad coelum doctrine's coffin and established new common law to replace the generally-accepted-but-made-up rule.

Causby owned 2.8 acres of farmland near Greensboro, North Carolina. During World War II, the U.S. government started using a nearby airport for military aircraft and fighter planes began flying over Causby's property at altitudes low enough to blow the leaves off the tops of Causby's trees. The noise from the flyovers scared Causby's chickens so much that they would panic, run into walls and kill themselves. Some 150 chickens died like this in a small span of time and Causby was forced to give up chicken farming entirely. He sued the government, claiming that their trespassing left his property commercially worthless and that his land had, in effect, been taken from him.

The Supreme Court ruled the air was a "public highway" and rejected Causby's claim that his airspace had been taken from him. Justice William O. Douglas wrote, in his opinion for the majority, that the cuius est solum, eius est usque ad coelum et ad inferos doctrine and the idea that "ownership of the land extended to the periphery of the universe...has no place in the modern world. To recognize such private claims to the airspace would clog these highways, seriously interfere with their control and development in the public interest, and transfer into private ownership that to which only the public has a just claim."

Douglas did, however, concede that "if the landowner is to have full enjoyment of the land, he must have exclusive control of the immediate reaches of the enveloping atmosphere." He concluded that "flights so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land" did constitute a taking of the land and left it to the lower court to figure out how Causby should be rewarded.

What Lies Beneath

While the ad coelum part of the doctrine fizzled pretty quickly with the birth of air travel, the ad inferos part soldiers on in some cases, if only because subsurface property rights are still being figured out. Without an underground equivalent to Causby, the courts have yet to establish law that addresses subsurface rights and the legislation that some states have adopted is vague enough that some courts will still uphold the ad inferos doctrine, while others regard it as nonsense.

A look at decisions in subsurface ownership disputes reveals that the courts tend to side with the surface property owner if the case involves the near subsurface (disputes about tree roots or other intrusions within 100 feet or so of the surface), and hundreds of them have cited ad inferos in their decisions. Cases involving disputes a few hundred feet below the surface, though, are generally less likely to go in the landowner's favor or bring up the ad inferos doctrine.

Complicating matters are the number of federal, state, and local statues regarding particular uses of subsurface areas. In many cases, if oil, natural gas, hard rock minerals, objects embedded in the soil or waste disposal are involved, these statutes usually supersede traditional property rights.

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Big Questions
Why Do Cats Freak Out After Pooping?
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Cats often exhibit some very peculiar behavior, from getting into deadly combat situations with their own tail to pouncing on unsuspecting humans. Among their most curious habits: running from their litter box like a greyhound after moving their bowels. Are they running from their own fecal matter? Has waste elimination prompted a sense of euphoria?

Experts—if anyone is said to qualify as an expert in post-poop moods—aren’t exactly sure, but they’ve presented a number of entertaining theories. From a biological standpoint, some animal behaviorists suspect that a cat bolting after a deposit might stem from fears that a predator could track them based on the smell of their waste. But researchers are quick to note that they haven’t observed cats run from their BMs in the wild.

Biology also has a little bit to do with another theory, which postulates that cats used to getting their rear ends licked by their mother after defecating as kittens are showing off their independence by sprinting away, their butts having taken on self-cleaning properties in adulthood.

Not convinced? You might find another idea more plausible: Both humans and cats have a vagus nerve running from their brain stem. In both species, the nerve can be stimulated by defecation, leading to a pleasurable sensation and what some have labeled “poo-phoria,” or post-poop elation. In running, the cat may simply be working off excess energy brought on by stimulation of the nerve.

Less interesting is the notion that notoriously hygienic cats may simply want to shake off excess litter or fecal matter by running a 100-meter dash, or that a digestive problem has led to some discomfort they’re attempting to flee from. The fact is, so little research has been done in the field of pooping cat mania that there’s no universally accepted answer. Like so much of what makes cats tick, a definitive motivation will have to remain a mystery.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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Big Questions
Why Do Baseball Managers Wear Uniforms?
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Basketball and hockey coaches wear business suits on the sidelines. Football coaches wear team-branded shirts and jackets and often ill-fitting pleated khakis. Why are baseball managers the only guys who wear the same outfit as their players?

According to John Thorn, the official historian of Major League Baseball since 2011, it goes back to the earliest days of the game. Back then, the person known as the manager was the business manager: the guy who kept the books in order and the road trips on schedule. Meanwhile, the guy we call the manager today, the one who arranges the roster and decides when to pull a pitcher, was known as the captain. In addition to managing the team on the field, he was usually also on the team as a player. For many years, the “manager” wore a player’s uniform simply because he was a player. There were also a few captains who didn’t play for the team and stuck to making decisions in the dugout, and they usually wore suits.

With the passing of time, it became less common for the captain to play, and on most teams they took on strictly managerial roles. Instead of suits proliferating throughout America’s dugouts, though, non-playing captains largely hung on to the tradition of wearing a player's uniform. By the early to mid 20th century, wearing the uniform was the norm for managers, with a few notable exceptions. The Philadelphia Athletics’s Connie Mack and the Brooklyn Dodgers’s Burt Shotton continued to wear suits and ties to games long after it fell out of favor (though Shotton sometimes liked to layer a team jacket on top of his street clothes). Once those two retired, it’s been uniforms as far as the eye can see.

The adherence to the uniform among managers in the second half of the 20th century leads some people to think that MLB mandates it, but a look through the official major league rules [PDF] doesn’t turn up much on a manager’s dress. Rule 1.11(a) (1) says that “All players on a team shall wear uniforms identical in color, trim and style, and all players’ uniforms shall include minimal six-inch numbers on their backs" and rule 2.00 states that a coach is a "team member in uniform appointed by the manager to perform such duties as the manager may designate, such as but not limited to acting as base coach."

While Rule 2.00 gives a rundown of the manager’s role and some rules that apply to them, it doesn’t specify that they’re uniformed. Further down, Rule 3.15 says that "No person shall be allowed on the playing field during a game except players and coaches in uniform, managers, news photographers authorized by the home team, umpires, officers of the law in uniform and watchmen or other employees of the home club." Again, nothing about the managers being uniformed.

All that said, Rule 2.00 defines the bench or dugout as “the seating facilities reserved for players, substitutes and other team members in uniform when they are not actively engaged on the playing field," and makes no exceptions for managers or anyone else. While the managers’ duds are never addressed anywhere else, this definition does seem to necessitate, in a roundabout way, that managers wear a uniform—at least if they want to have access to the dugout. And, really, where else would they sit?

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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