In the era of digitalization, the world is constantly transforming, adopting technological advancements that affect various industries, including the real estate sector. One such technological device that has immensely shaped the real estate industry is drones. They have provided a new perspective, literally and figuratively, on property viewing from a vantage point that was previously unattainable. However, due to concerns about privacy, safety, and national security, different states in the United States have enforced unique laws regulating drone use. This article provides a detailed overview of state-specific drone laws affecting the real estate industry across the United States for a clear understanding of legal frameworks in different regions.
In California, Civil Code Section 1708.8 prohibits the use of drones to record another person without their consent. For real estate professionals, it means securing clear consent from homeowners before filming properties with drones. Contrary to this, in Florida Statute 934.50, it is illegal to surveillance a property with a drone equipped with a recording device. Therefore, real estate agents need permission from property owners to use drone footage for marketing purposes.
In Illinois, the Freedom from Drone Surveillance Act places restrictions on law enforcement agencies’ use of drones. However, it indirectly impacts real estate because if a real estate business shares drone footage that may be implicated in a criminal investigation, they may face legal scrutiny. In Indiana, the critical law to be aware of is Senate Enrolled Act No. 299, which prevents drone operators from using drones to interfere with other people’s ‘reasonable expectation of privacy.’
Texas is stringent when it comes to drone laws, with multiple relevant laws – Texas Government Code Sections 423.002, 423.003, and 423.004. These laws collectively prohibit the use of drones to capture images without the consent of the person owning the property, thus requiring real estate professionals to get explicit permissions for drone usage.
North Carolina boasts comprehensive drone laws, most notably the North Carolina General Statutes Sections 15A-300.1 and 15A-300.2, which require drone operators involved in commercial activities, like real estate, to pass a test for a permit. New Hampshire is unique with RSA 207:57, prohibiting the use of drones for hunting, fishing, and trapping, which indirectly affects aerial footage of properties with natural habitats.
On the other hand, Nevada, within NRS 493.103, details how it is illegal to weaponize drones – a law indirectly impactful for real estate by ensuring the safety of the properties filmed. Similarly, Louisiana RS 14:337 requires drone operators to register their drones, creating a safer environment for property filming.
In Arkansas, drone laws AR Code 5-60-103 and AR Code 5-60-104 regulate voyeurism and critical infrastructure, respectively. The former could implicate real estate professionals filming a property that inadvertently invades another’s privacy, while the latter law targets real estate businesses, which could inadvertently capture critical infrastructure on their footage.
Oregon’s ORS 837.360, ORS 837.362, and ORS 837.365 laws together create complementary legislation that prevents drone usage over private property for real estate purposes without obtaining permission from the property owner. Alaska’s Administrative Code, Title 2, Chapter 52, is comprehensive, establishing guidelines for all forms of drone use, including real estate.
Effectively utilizing drone technology in real estate involves navigating a veritable minefield of rules, regulations, laws, and statutes. It’s crucial for professionals in this industry to be conversant with these laws to use technology legally and ethically, further promoting the business and maintain the privacy and rights of the concerned individuals.
While drone laws continue to evolve more rapidly than most legislative areas, awareness of the rules governing each state ensures real estate businesses stay compliant while leveraging this innovative technology to its full potential. As the digital age continues, one must remain attentive to any future changes or adaptations to these laws; that way, drone usage in real estate can continue to grow, innovate, and inspire.
