Notice on p. 731-732 that Congress has confiscated all of the "navigable airspace" of the United States and declared it to be a public highway for air travel. Is this a Taking of private property for public use? If so, is Just Compensation required to be paid?
The Court says this is not compensable (see p. 735).
Do you agree? What is your reasoning? Is this a physical taking of private property? If so, isn't it a per se taking?
