Title 2 — Aeronautics
8 chapters · 99 sections in this title.
N.D.C.C. § 2-03-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Aircraft" means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air. Provided, a hydroplane, while at rest on water and while being operated on or i…
N.D.C.C. § 2-03-02 Sovereignty in space
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Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.
N.D.C.C. § 2-03-03 Ownership of space
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The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 2-03-04.
N.D.C.C. § 2-03-04 Lawfulness of flight and landing
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Flight in aircraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then 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…
N.D.C.C. § 2-03-05 Damage to persons and property
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The owner and the pilot, or either of them, of every aircraft which is operated over the lands or waters of this state are liable for injuries to persons or property on the land or water beneath caused by the ascent, descent, or flight of the aircraft, or the dropping or falling …
N.D.C.C. § 2-03-06 Collision of aircraft
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The liability of the owner of one aircraft to the owner of another aircraft, or to the airmen or passengers on either aircraft, for damage caused by collision on land or in the air, must be determined by the rules of law applicable to torts on land.
N.D.C.C. § 2-03-07 Aircraft - Common carriers
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Aircraft carrying passengers or property for hire are deemed common carriers and are subject to all of the rules applicable thereto.
N.D.C.C. § 2-03-08 Jurisdiction over crimes and torts
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All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over this state are governed by the laws of this state, and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime, or…
N.D.C.C. § 2-03-09 Jurisdiction over contracts
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All contractual and other legal relations entered into by airmen or passengers while in flight over this state have the same effect as if entered into on the land or water beneath. 2-03-10. Reckless operation - Operation while intoxicated - Tampering with aircraft - Misdemeanors …
N.D.C.C. § 2-03-11 Notice
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Whenever a person, firm, corporation, limited liability company, or association shall erect anywhere in this state a building, structure, or tower of any kind over two hundred feet [60.96 meters] in height above the terrain such person, firm, corporation, limited liability compan…
N.D.C.C. § 2-03-12 Obstructions near runway approaches
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It is unlawful to build or maintain any obstruction near the runway approach to any airport in the state open for public use, except pursuant to rules and regulations adopted by the aeronautics commission.
N.D.C.C. § 2-03-13 Penalty
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Each violation of section 2-03-11 or 2-03-12 or any regulations, orders, or rulings promulgated or made pursuant to this chapter constitutes a class A misdemeanor.
N.D.C.C. § 2-03-14 Civil liability for injuries to guest passenger
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No person transported by the owner or operator of any aircraft as a guest without payment for such transportation has claim for relief for damages against the owner or operator for injury, death, or loss in case of accident, unless the accident was caused by the gross negligence,…