What Musselshell County drone case means for your property rights

MONTANA — A drone shot down in Musselshell County raised new questions about what people can legally do when one flies over their property.

That incident involved a drone being used to inspect power lines. Law enforcement said federal rules treated that aircraft the same way as other aircraft in the sky.

“Because the FAA considers drones of any type as aircraft because of their multiple uses, there’re different various reasons why people use them. It is a federal offense to shoot down a drone, just like it would be no different than shooting at a helicopter or an airplane,” Deputy Justin Merrell with the Musselshell County Sheriff’s Office said.

Officials said the airspace above private property was not something a property owner owned. They also explained that even if a drone was flying low, Montana law might consider it trespassing under 200 feet, but that still did not allow someone to destroy it.

Some of those flights serve a specific purpose, including utility work tied to keeping electricity running.

“So we do drone patrol of our power lines to look for any potential mechanical issues, vegetation issues—any sort of problems that can compromise our power lines and the reliability of the lines…,” Bret Ophus, line superintendent of Fergus Electric Cooperative, said. “So people’s power stays on better and longer,” he said.

Utility companies said drones helped crews inspect infrastructure quickly, safely and with less impact on the land.

Law officers said people concerned about a drone should document it and contact law enforcement instead of handling it themselves.

They also said drones should be registered with the Federal Aviation Administration before use.