[AMRadio] Fw: Fwd: [arrl-odv:25480] FAA Reauthorization Act H.R. 636, short tower regulation


Rob Atkinson ranchorobbo at gmail.com
Tue Jul 19 20:41:14 EDT 2016


There are lots of hams on farms.

Here is the key key thing that as I see it, determines a lot about how
bad this is for now:

"within the curtilage of a farmstead"

We need to find out how that is defined in a specific way.

This is from wikipedia:

In law, the curtilage of a house or dwelling is the land immediately
surrounding it, including any closely associated buildings and
structures, but excluding any associated "open fields beyond", and
also excluding any closely associated buildings, structures, or
divisions that contain the separate intimate activities of their own
respective occupants with those occupying residents being persons
other than those residents of the house or dwelling of which the
building is associated.  It delineates the boundary within which a
home owner can have a reasonable expectation of privacy and where
"intimate home activities" take place. It is an important legal
concept in certain jurisdictions for the understanding of search and
seizure, conveyancing of real property, burglary, trespass, and land
use planning.

In urban properties, the location of the curtilage may be evident from
the position of fences, wall and similar; within larger properties it
may be a matter of some legal debate as to where the private area ends
and the "open fields" start

Rob
K5UJ


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