1. Except as otherwise provided in subsection 2, a person who owns or lawfully occupies real property in this State may bring an action for trespass against the owner or operator of an unmanned aerial vehicle that is flown at a height of less than 250 feet over the property if:
(a) The owner or operator of the unmanned aerial vehicle has flown the unmanned aerial vehicle over the property at a height of less than 250 feet on at least one previous occasion; and
(b) The person who owns or occupies the real property notified the owner or operator of the unmanned aerial vehicle that the person did not authorize the flight of the unmanned aerial vehicle over the property at a height of less than 250 feet. For the purposes of this paragraph, a person may place the owner or operator of an unmanned aerial vehicle on notice in the manner prescribed in subsection 2 of NRS 207.200.
2. A person may not bring an action pursuant to subsection 1 if:
(a) The unmanned aerial vehicle is lawfully in the flight path for landing at an airport, airfield or runway.
(b) The unmanned aerial vehicle is in the process of taking off or landing.
(c) The unmanned aerial vehicle was under the lawful operation of:
(1) A law enforcement agency in accordance with NRS 493.112.
(2) A public agency in accordance with NRS 493.115.
(d) The unmanned aerial vehicle was under the lawful operation of a business registered in this State or a land surveyor if:
(1) The operator is licensed or otherwise approved to operate the unmanned aerial vehicle by the Federal Aviation Administration;
(2) The unmanned aerial vehicle is being operated within the scope of the lawful activities of the business or surveyor; and
(3) The operation of the unmanned aerial vehicle does not unreasonably interfere with the existing use of the real property.
3. A plaintiff who prevails in an action for trespass brought pursuant to subsection 1 is entitled to recover treble damages for any injury to the person or the real property as the result of the trespass. In addition to the recovery of damages pursuant to this subsection, a plaintiff may be awarded reasonable attorney’s fees and costs and injunctive relief.
(Added to NRS by 2015, 1774)
Structure Nevada Revised Statutes
Chapter 493 - General Provisions
NRS 493.030 - Sovereignty in space.
NRS 493.040 - Ownership of space.
NRS 493.050 - Lawfulness of flight and landing; liability for forced landing.
NRS 493.060 - Liability for damages on land or water; lien for damages.
NRS 493.070 - Liability for collision of aircraft.
NRS 493.080 - Jurisdiction over crimes and torts.
NRS 493.090 - Jurisdiction over contracts.
NRS 493.100 - Dangerous flying: Penalty.
NRS 493.106 - Unmanned aerial vehicles: Weaponization prohibited; penalties.
NRS 493.120 - Uniformity of interpretation.
NRS 493.140 - Standards for determining whether operation is careless or reckless.
NRS 493.160 - Licensing of airmen and operators.
NRS 493.170 - Licensing of aeronautics instructors.
NRS 493.180 - Posting and inspection of license of airman and aircraft.
NRS 493.190 - Powers and duties of state and municipal officers.
NRS 493.210 - Aerial navigational chart: Contents; fee; use of receipts.