January 14, 2021
18 | Montana
Score: 42/100
Brent Skorup
Senior Research FellowConnor Haaland
JD Student, Harvard University
Key materials
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- Law Vesting Air Rights with Landowners: 10/10
- Avigation Easement Law: 25/25
- Drone Task Force or Program Office: 0/20
- Drone Jobs Estimate: 7/15
Factors Helping the State Score
- Law Vesting Air Rights with Landowners: Montana law expressly provides air rights to landowners, which reduces litigation risk for drone operators because landowners know the extent of their property rights.
- Avigation Easement Law: Montana law creates an avigation easement, which means drone operators are protected from nuisance and trespass laws as long as their drones do not disturb people on the ground.
- Drone Jobs Estimate: Montana has 13.5 drone-related jobs per 100,000 people, ranking it in the top half of states.
Factors Hindering the State Score
- Airspace Lease Law: Montana law does not allow public authorities to lease low-altitude airspace above public roads and public property. Such a law would allow state or local authorities to create drone highways above roadways.
- Drone Task Force or Program Office: State leaders should consider convening a statewide drone task force or creating a drone program office within the transportation department.
These factors make Montana the 18th most drone-friendly state in the country.
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