General Provisions

V.S.A. tit. 5, ch. 13, subch. 1

in effect

5 V.S.A. § 402 Ownership of space

402. Ownership of space 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 403 of this title. Added 1985, No. 222 (Adj. Sess.), § 2.

5 V.S.A. § 403 Lawful and unlawful flight; landing

403. Lawful and unlawful flight; landing 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 conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the lands or waters of another, without consent, or where there has been no airport, heliport, restricted landing area, or seaport established in accordance with the provisions of this title 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 airman shall be liable as provided in section 479 of this title. Added 1985, No. 222 (Adj. Sess.), § 2.

5 V.S.A. § 404 Contractual and other legal relations

404. Contractual and other legal relations Contractual and other legal relations entered into by airmen or passengers while in flight over this State shall have the same effect as if entered into on the land or water beneath. Added 1985, No. 222 (Adj. Sess.), § 2.

5 V.S.A. § 405 Crimes, torts, and other wrongs

405. Crimes, torts, and other wrongs A crime, tort, or other wrong committed by or against an airman or passenger while in flight over this State shall be governed by the laws of this State. The question whether damages occasioned by or to an aircraft while in flight over this State constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the law of this State. Added 1985, No. 222 (Adj. Sess.), § 2.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/05/013Fetched: 10/21/2026