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QUESTION

The Department of Defense (DOD) wishes to dedicate a large block of airspace over North Dakota to the exclusive use of military unmanned aircraft...

The Department of Defense (DOD) wishes to dedicate a large block of airspace over North Dakota to the exclusive use of military unmanned aircraft systems.

  • Can the DOD simply declare that airspace off limits to civil aircraft?
  • If not, how must the DOD proceed if it wishes to accomplish that objective?
  • Will interested persons and organizations, such as the Aircraft Owners and Pilots Association, have an opportunity to express their opinions about the proposed change?
  • If so, what law requires that opportunity and how can those interested persons and organizations take advantage of that opportunity?
  • If the State of North Dakota does not want unmanned aircraft flying over the state, can it enact and enforce a law prohibiting those overflights flights? Explain.
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