Drennen v. County of Ventura

In Drennen v. County of Ventura (1974) 38 Cal.App.3d 84, plaintiffs, owners of vacant land lying next to Ventura Airport, brought an inverse condemnation against the county. The county successfully defended on the theory that the previous operators of the airport had acquired a prescriptive avigation easement over the plaintiffs' property. The Court of Appeal reversed, holding that, assuming an avigation easement could be acquired by prescription in California, such acquisition had not occurred. The court reasoned that ". . . the overflight of aircraft during the claimed prescriptive period manifestly did not interfere substantially with plaintiffs' actual use and enjoyment of their land since there was no such use and enjoyment. Therefore, the overflights did not invade plaintiffs' rights in their land. This being so, no prescriptive easement to overfly plaintiffs' land was acquired."