[shadowgovt]

I don't have a traditional property right to the road next to my owned land parcel.

I do have a traditional property right to the airspace above my owned land parcel.

That property right was abridged by the formation of the national airspace system, but there were agreements put into place regarding what safeguards people had against other people abusing that new highway. This is an abridgment of those existing agreements.

(... I think the case can be made that it's a reasonable abridgment, but to a first approximation it looks an awful lot like 'forbids the rich and poor alike to sleep under bridges' when only the elite can afford private jets).