42-1-104 - Air flights lawful Exceptions Forced landing Liability for damages.

42-1-104. Air flights lawful Exceptions Forced landing Liability for damages.

(a)  Flight in aircraft over the lands and waters of this state is lawful unless at such a low altitude as to interfere with the 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.

(b)  The landing of an aircraft on the lands or waters of another person, without that person's consent, is unlawful, 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 aeronaut shall be liable, as provided in § 42-1-105.

[Acts 1923, ch. 30, § 4; Shan. Supp., § 1616a15; Code 1932, § 2719; T.C.A. (orig. ed.), § 42-104.]