The airspace above your property is public space under the law. You do NOT have the legal right to restrict the airspace above your property. If that was allowed, then aviation would not be able to operate. However, I do believe that there is room for compromise.
The current limits on drones allow for a maximum control distance (from transmitter to drone) of 400 feet if memory serves. Therefore, I would allow the home owner to restrict the first 50 feet of their property, and further restrict drone and other aircraft to a minimum altitude of 100 feet above any private property not owned by the drone operator. If the drone is within the 50 foot above private property, the property owner can take any steps necessary to disable the drone with no civil penalties. If the drone is between 50 and 100 feet, the home owner may take action but must cover the cost of repair or replacement of the drone. Beyond 100 feet the property owner is subject to a fine.
[follow up]
Title 49 U.S Code section 40103 provides EXCLUSIVE sovereignty to the US Government for all airspace of the United States. It further vests the rule making authority with the FAA.
There is a 400' altitude limit imposed by the FAA for the operation of radio control models. The actual radio range for modern radios is over a mile. Some guys are running more powerful radios that extend the range to several miles.
Aviation requirements denote minimum altitudes of operation for aircraft. If you pull a “Blue Thunder” spy hover outside a residence, you better pray they don’t acquire the tail number.
https://www.youtube.com/watch?v=joJRiE-HBBA