In United States v. Causby, 328 U.S. 256 (1946), SCOTUS redefined property rights from the historical and widely held standard of "Cuius est solum, eius est usque ad coelum et ad infernos" or "Whoever's is the soil, it is theirs all the way to Heaven and all the way to the depths below" to an arbitrary and ill-defined standard.
Air traffic should be treated no differently than ground traffic. The people of the United States should receive their due compensation in accordance with the Fifth Amendment, and flying over or tunneling under private property without the express permission of the rightful landowner should be recognized as the criminal trespass that it is.