or a penalty for a criminal law. (2) Cause of actions upheld Nothing in this section shall preempt or preclude any cause of action for personal injury, wrongful death, property damage, inverse condemnation, trespass, nuisance or other injury based on negligence, strict liability, products liability, failure to warn, or any other legal theory of liability under any maritime law, or any Federal, State, or Tribal common law or statutory theory, except that no cause of action, claim or remedy may be made solely because of the transit of an unmanned aircraft through airspace local in nature over private property in the absence of proof that such transit substantially interfered with the owner or lessee’s use or enjoyment of the property or repeatedly transited the airspace local in nature above the owner’s property. (c) Private airspace Notwithstanding any other provision of law, the Secretary shall not issue any rule or regulation that impedes or operates contrary to the authority of a State, local, or Tribal government to define private property rights as it applies to unmanned aircraft in the airspace above property that is local in nature. (d) Rights to operate A State or local government may not unreasonably or substantially impede the ability of a civil unmanned aircraft, from reaching the navigable airspace. Unreasonable or substantial impeding of a civil unmanned aircraft from reaching the navigable airspace includes— (1) outright bans on overflights of the entirety of the lateral boundaries of a State or local government’s jurisdiction