Update:
Judge rules in favor of “Drone Slayer,” dismisses lawsuit filed by pilot | Ars Technica
This is STILL in the courts.
Drone owner filed in federal court and basically they (the court) said no this belongs back in local jurisdiction.
The FAA was not involved in this particular suit.
"As the consumer drone age has taken flight, legal scholars have wondered about this exact situation. If a drone flies over private property, is it trespassing? The short answer is that American courts have not addressed the question adequately. The best caselaw on the issue dates back to 1946, long before inexpensive consumer drones were technically feasible. That year, the Supreme Court ruled in a case known as United States v. Causby that a farmer in North Carolina could assert property rights up to 83 feet in the air."