—the petition alleged that the United States erected a fort on nearby land, established a battery and a fire control station there, and fired guns over petitioner's land.

—holding that firing, and imminent threat of firing, of navy coastal guns over plaintiff's property imposed a servitude upon the plaintiff's land and thus amounted to a taking of some interest for public use

US Av. R. 1; 1 Avi. 315. Held that surface-owner “has a dominant right of occupancy [in airspace above his land] for purposes incident to his use and enjoyment of the surface, and there may be such a continuous and permanent use of the lower stratum which he may reasonably expect to occupy himself as to impose a servitude upon his use and enjoyment of the …

This Court has previously held that the "air rights" over an area of land are "property" for purposes the Fifth Amendment.

In this regard, the Court found that "[i] f the United States, with the admitted intent to fire across the claimants' land at will should fire a single shot or put a fire control upon the land, it well might be that the taking of a right would be complete."

W] hile a single act may not be enough, a continuance of them in sufficient number and for a sufficient time may prove [a taking]. Every successive trespass adds to the force of the evidence

—bind the Government by an agreement as to matters relating to an entirely different branch of the service or within the control of his superior officers, as to which he had not authority whatever; or that an agreement into which he entered, although beyond his authority, should become binding upon the Government because it was made in the form of an express agreement …

And even if the Government physically invades only an easement in property, it must nonetheless pay compensation.

—erection and maintenance of a United States fort and a battery thereon and firing guns over petitioner's land

—a later case involving the same property, the Court found that the plaintiffs had made a sufficient showing to overcome the government's demurrer.