The Rule of Capture in Texas-Still So Misunderstood After All These Years
Total Page：16
File Type：pdf, Size：1020Kb
Load more
Recommended publications
-
CHAPTER 1 Oil and Gas Law
CHAPTER 1 Oil and Gas Law INTRODUCTION Oil and gas law is a combination of elements of contract law, property law, and tort law. Oil and gas law is unique given the very nature of oil and gas, and the terms and phrases about this area of law are equally unique. Oil and gas law is also different from the law that ap- plies to the ownership, leasing, and mining of other types of minerals because oil and nat- ural gas are not solid and do not remain in one place. These minerals can move from one place to another, depending on how porous the rock is and what is happening around the deposit. For example, a person may drill an oil well on his property and tap into a large pool of oil. However, that oil deposit may not be under only his property: it could extend to the property of another person. Whose oil is being removed? Did trespass occur? Different words and phrases and different principles apply to this area of law in accordance with the nature of the mineral that is being taken from the ground. OWNERSHIP OF OIL AND GAS COMMON LAW PRINCIPLES At common law, according to the ad coelum doctrine, the owner of real property main- tained right to the property as it extended from the heavens all the way to the earth’s core, including any minerals found in between. The ad coelum doctrine still applies to “hard” minerals (coal, gold, uranium, silver, and the like), but may no longer apply to oil and gas because of their nature: oil and gas may migrate from one piece of property to another. -
The Corpus Juris Civilis
College of William & Mary Law School William & Mary Law School Scholarship Repository Library Staff ubP lications The oW lf Law Library 2015 The orC pus Juris Civilis Frederick W. Dingledy William & Mary Law School, [email protected] Repository Citation Dingledy, Frederick W., "The orC pus Juris Civilis" (2015). Library Staff Publications. 118. https://scholarship.law.wm.edu/libpubs/118 Copyright c 2015 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/libpubs The Corpus Juris Civilis by Fred Dingledy Senior Reference Librarian College of William & Mary Law School for Law Library of Louisiana and Supreme Court of Louisiana Historical Society New Orleans, LA – November 12, 2015 What we’ll cover ’History and Components of the Corpus Juris Civilis ’Relevance of the Corpus Juris Civilis ’Researching the Corpus Juris Civilis Diocletian (r. 284-305) Theodosius II Codex Gregorianus (r. 408-450) (ca. 291) {{ Codex Theodosianus (438) Codex Hermogenianus (295) Previously… Byzantine Empire in 500 Emperor Justinian I (r. 527-565) “Arms and laws have always flourished by the reciprocal help of each other.” Tribonian 528: Justinian appoints Codex commission Imperial constitutiones I: Ecclesiastical, legal system, admin II-VIII: Private IX: Criminal X-XII: Public 529: Codex first ed. {{Codex Liber Theodora (500-548) 530: Digest commission 532: Nika (Victory) Riots Digest : Writings by jurists I: Public “Appalling II-XLVII: Private arrangement” XLVIII: Criminal --Alan XLIX: Appeals + Treasury Watson L: Municipal, specialties, definitions 533: Digest/Pandects First-year legal textbook I: Persons II: Things III: Obligations IV: Actions 533: Justinian’s Institutes 533: Reform of Byzantine legal education First year: Institutes Digest & Novels Fifth year: Codex The Novels (novellae constitutiones): { Justinian’s constitutiones 534: Codex 2nd ed. -
Basic Overview of Texas Laws & Regulations Affecting Oil & Gas Tim
SECTION III: Special Topics Contents: Chapter 9: Basic Overview of Texas Laws & Regulations Affecting Oil & Gas Tim Lester Chapter 10: Kansas Issues Affecting Land Title & The Division Order Analyst Linda Barry Chapter 11: Arkansas Land Titles William Warren Chapter 12: California Legal & Practice Summary John Quick Chapter 13: Overview of New Mexico Oil and Gas Law Gregory J. Nibert Chapter 14a: Frequently Encountered Title Problems In Oklahoma D. Faith Orlowski Chapter 14b: Oklahoma Indian Land Titles D. Faith Orlowski Chapter 14c: Senate Bill 168 D. Faith Orlowski Chapter 15: Louisiana Succession Law Paul A. Strickland Chapter 16: Hot Title Curative Issues Facing Pennsylvania Oil & Gas Operators Bradley J. Martineau & Stephanie E. Menjivar Chapter 17: Rockies (Federal Units) Division Order Overview Dick Jordan Chapter 18: How a Federal Unit is Formed Richard Champion Chapter 19: Michigan Oil and Gas Title Jeffrey A. Smetzer Chapter 20: Fundamentals of Federal OCS Title Lisa Shelton Jaubert Chapter 21: Title Issues With Respect to Corporations & Partnerships In Texas & New Mexico Robert C. Heller, Allen G. Harvey, David A Sutter Chapter 22: An Introduction To Escheat And Unclaimed Property Paula Smith Chapter 23: Acquisitions, Divestitures, and Trades 25th Annual Institute Chapter 24: Coalbed Methane – Review Of An Important Domestic Energy Resource Andrew R. Scott Chapter 9: Basic Overview of Texas Laws and Regulations Affecting Oil and Gas Tim Lester Page 1 entirely different creature. As time has moved Introduction on, the Rule of Capture has since been The Texas Railroad Road Commission (RRC) restricted in an effort to make a more even is the governmental regulatory body of the oil playing field. -
The Spanish Craze in American Comparative Law and the Formation of Mixed Legal Systems in Puerto Rico and the Philippines, 1898-1918
The Spanish Craze in American Comparative Law and the Formation of Mixed Legal Systems in Puerto Rico and the Philippines, 1898-1918 Seth S. Brostoff* The formation of mixed legal systems in Puerto Rico and the Philippines during the period 1898-1918 coincided with the emergence of American comparative law as an organized discipline. This Article explores the importance of the acquisition of overseas possessions as catalysts for early legal comparison, while recreating the comparative law milieu in which legal architects of the new mixed systems, especially U.S.-appointed territorial judges, operated. This Article argues that nineteenth-century trends in English legal history, as well as the American bar’s growing anxiety about the common law’s lack of organization and future viability, provided a historical-comparative basis for the judges’ widespread receptivity to legal blending and assumptions of increasing civil law/common law compatibility. At the same time, belief in the common law’s superiority does not seem as pervasive as later historians have suggested. This Article therefore argues that intellectual crosscurrents predating the immediate colonial context, rather than blanket legal chauvinism, better explain territorial judges’ well-known indifference to the preservation of separate civilian spheres of private law during this critical formative period. I. INTRODUCTION ....................................................................................34 II. THE SPANISH CRAZE IN AMERICAN COMPARATIVE LAW ..................37 III. -
Facts, Information, and the Newly Discovered Record in Pierson V. Post James E
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2009 Facts, Information, and the Newly Discovered Record in Pierson v. Post James E. Krier University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/238 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Legal History Commons, and the Property Law and Real Estate Commons Recommended Citation Krier, James E. "Facts, Information, and the Newly Discovered Record in Pierson v. Post." Law & Hist. Rev. 27, no. 1 (2009): 189-94. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. FORUM: COMMENT Facts, Information, and the Newly Discovered Record in Pierson v. Post JAMES E. KRIER Unlike Professors Fernandez, Banner, and Donahue, I am not a legal histo- rian; like them, however, I am much interested in the comings and goings of the famous old case about the fox. It figures significantly in my course on property and in my co-authored book on the subject. The background of the case is noted in the book and will be updated in the next edition to take account of Fernandez's discovery of the hitherto lost judgment roll in the case.I Her find yields many facts, but, in my judgment, virtually no information. -
Lost in Translations Kearley 00 Fmt F2.Qxp 4/23/18 9:52 AM Page Ii
kearley 00 fmt f2.qxp 4/23/18 9:52 AM Page i Lost in Translations kearley 00 fmt f2.qxp 4/23/18 9:52 AM Page ii Carolina Academic Press Legal History Series H. Jefferson Powell, Series Editor k The Birth of American Law An Italian Philosopher and the American Revolution John D. Bessler The Quotable Brandeis Peter Scott Campbell, editor Louis D. Brandeis’s MIT Lectures on Law (1892 –1894) Robert F. Cochran, Jr., editor Federal Justice in the Mid-Atlantic South United States Courts from Maryland to the Carolinas 1836–1861 Peter Graham Fish Law in War, War as Law Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861 –1865 Joshua E. Kastenberg Lost in Translations Roman Law Scholarship and Translation in Early Twentieth-Century America Timothy G. Kearley Gentlemen of the Grand Jury The Surviving Grand Jury Charges from Colonial, State, and Lower Federal Courts Before 1801 Stanton D. Krauss, editor kearley 00 fmt f2.qxp 4/23/18 9:52 AM Page iii Newspaper Reports of Decisions in Colonial, State, and Lower Federal Courts Before 1801 Stanton D. Krauss, editor American Constitutional Law Selected Essays Henry Paul Monaghan A View of the Constitution of the United States of America Second Edition William Rawle with Foreword, Introduction, and Notes by H. Jefferson Powell Our Chief Magistrate and His Powers William Howard Taft with Foreword, Introduction, and Notes by H. Jefferson Powell The Fetha Nagast The Law of the Kings Abba Paulos Tzadua, translator, and Peter L. -
799 the Rule of Capture
THE RULE OF CAPTURE 799 THE RULE OF CAPTURE: ITS CURRENT STATUS AND SOME ISSUES TO CONSIDER CECILIA A. LOW* This article discusses the current status of the rule of Cet article porte sur l’état actuel de la règle du droit capture in Canada. Briefly stated, if Party A digs for de prise au Canada. En deux mots, si Partie A creuse resources on their own land and captures oil or natural pour trouver des ressources sur sa propre terre et trouve gas that have migrated from Party B’s lands, the rule of du pétrole ou du gaz naturel qui a migré des terres de capture allows Party A to reap the benefits of their Partie B, la règle du droit de prise permet à Partie A de efforts as the inconvenience to the neighbour cannot récolter les avantages pour son effort étant donné que support a cause of action. The author begins by les inconvénients pour le voisin ne peuvent soutenir une examining the historical origins of the rule throughout cause. L’auteur commence par examiner les origines the English common law, then examines the current historiques de la règle dans la common law anglaise, status of the rule by analyzing various legislation and puis examine l’état actuel de la règle en analysant regulations dealing with capture in several Canadian diverses lois et divers règlements ayant trait au droit de jurisdictions. Due to the large amount of economic and prise dans divers ressorts canadiens. En raison de la physical waste created by the race to drill numerous grande quantité de déchets économiques et physiques wells in order to capture resources as quickly as créés par la course au forage de nombreux puits afin de possible current Canadian legislation has somewhat trouver les ressources aussi rapidement que possible, la modified the rule of capture and has created correlative loi canadienne en vigueur a quelque peu modifié la règle rights, varying from jurisdiction to jurisdiction. -
Pouring out Our Soils: Facing the Challenge of Poorly Defined Property Rights in Subsurface Pore Space for Carbon Capture and Storage
Pouring Out Our Soils: Facing the Challenge of Poorly Defined Property Rights in Subsurface Pore Space for Carbon Capture and Storage Kenneth R. Richards, Joice Chang, Joanna E. Allerhand, John Rupp* s the United States strives to reduce greenhouse-gas for resolving con+icts between existing or vague property emissions, and particularly carbon dioxide (“CO2”) regimes and e,cient use of natural resources. emissions from the generation of electricity, one of -e absence of controlling legal precedent governing Athe promising technological options is carbon capture and deep-subsurface pore space property rights has led a num- storage (“CCS”), a practice that involves injecting large vol- ber of states that anticipate hosting CCS facilities to develop 3 umes (millions of tons) of CO2 deep underground for what is regulatory regimes and to clarify applicable property laws. essentially permanent storage.1 However, as is often the case States have taken a number of di.erent approaches to this with new practices and technologies, the interest in CCS has issue.4 A handful of states have passed CCS legislation that raised a number of regulatory and legal issues, including that directly addresses subsurface ownership; Montana, North of property ownership of deep-subsurface pore space that Dakota, and Wyoming all clearly de/ne ownership of sub- would hold the compressed gas. surface property rights in pore space.5 In each of these cases, While analysts have suggested that there are a number of the state has declared that the property rights to the subsur- -
Pierson V. Post</Em>
Michigan Law Review Volume 105 Issue 4 2007 Legal Fictions in Pierson v. Post Andrea McDowell Seton Hall School of Law Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Entertainment, Arts, and Sports Law Commons, Legal History Commons, Property Law and Real Estate Commons, and the Torts Commons Recommended Citation Andrea McDowell, Legal Fictions in Pierson v. Post, 105 MICH. L. REV. 735 (2007). Available at: https://repository.law.umich.edu/mlr/vol105/iss4/3 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. LEGAL FICTIONS IN PIERSON V POST Andrea McDowell* American courts and citizens generally take the importance of private property for granted. Scholars have sought to explain its primacy using numerous legal doctrines, including natural law, the Lockean principle of a right to the product of one's labor, Law & Economics theories about the incentives created by property ownership, and the importance of bright line rules. The leading case on the necessity of private property, Pierson v. Post, makes all four of these points. This Article argues that Pierson has been misunderstood. Pierson was in fact a defective torts case that the judges shoe-horned into a property mold using legal fictions and anti- quated 'facts" aboutfoxhunting. Moreover at least one of the judges knew his arguments were farfetched. -
Chapter 7 the Future of the Rule of Capture
Chapter 7 The Future of the Rule of Capture Gregory M. Ellis Edwards Aquifer Authority Introduction In 1997, the Supreme Court of Texas shocked the state by agreeing to hear the Sipriano case. Sipriano v. Great Spring Waters of America, Inc., 1 S.W.3d 75 (Tex. 1999). The Siprianos claimed that their domestic well dried up as a result of the Ozarka Company operating several large wells nearby. Ozarka disputed those facts, but relied on the Rule of Capture to deny any liability for damage to the Siprianos. By deciding to hear the case, the Court signaled that it may be open to overruling the Houston & T.C. Ry. Co. v. East, (East), 81 S.W. 279 (Tex. 1904) decision. The Court ultimately upheld East, but (once again) strongly urged the Legislature to take action to regulate groundwater withdrawals. The debate over the Rule of Capture continues, and assuming the Legislature chooses to leave the Rule of Capture in place, there are still several issues yet to be determined. This paper discusses these issues. Ownership of groundwater in place The Absolute Ownership doctrine1 and several court opinions seem to indicate that groundwater is owned in place, however the Rule of Capture seems to say the opposite: that any neighbor can take your water with impunity. Certainly captured water is the property of the person who captures it, but what of the water still in the ground? This unanswered question could lead to a number of difficult issues, primarily whether a groundwater conservation district (GCD) may restrict or even prohibit production of groundwater without causing a taking of private property. -
Call Number Author Title Year Volumes 1 K11 .B23 RBR Barbeyrac, Jean, 1674-1744
# Call Number Author_Title_Year_ Volumes 1 K11 .B23 RBR Barbeyrac, Jean, 1674-1744. Recueil de discours sur diverses matieres importantes. Traduit ou composez par Jean Barbeyrac qui y a joint un Eloge historique de feu Noodt. Amsterdam, Chez Pierre Humbert, 1731. 2 v. 17 cm. 2 K11 .H46 RBR Heineccius, Johann. Gottlieb, 1681-1741. Opvscvlorum variorvm sylloge…1735. 1003p. 3 K11 .H46 1748 RBR Heineccius, Johann. Gottlieb, 1681-1741. Opusculorum variorum sylloge…1748. 2v. 4 K13 .C57 RBR [Clayton, John] of the Inner Temple. Topicks in the laws of England. 1646. 5 K13 .C83 RBR Cowell, John, 1554-1611. The interpreter. 1607. 6 K13 .P54 1661 RBR Phillips, W. Principles of law reduced to practice. 1661. 7 K13.Z9 W49 1569 RBR [Wernherus, of Schussenried] Modvs legendi abbreuiatuias passim in vtroq; iure occurretes, nunc demum integritati suae restitutus. Parisijs, Ex officina C. Cheuallonij, 1537. 8 K13.2.A5 R2 RBR [Rastell, John] Expositiones terminon legum angloru. [London, 1527] 9 K13.2.A5 R2 1579 RBR [Rastell, John] An Exposition of certaine difficult and obsune words [1579] 10 K13.2.A5 R2 1671 RBR [Rastell, John] Les termes de la ley. 1671. 11 K13.2.A5 R2 1708 RBR [Rastell, John] d. 1536. Les termes de la ley. 1708. 12 K13.2.A5 R2 1742 RBR [Restell, John] d. 1536. Les termes de la ley. 1742. 13 K13.2.F8 L2 RBR The law-French dictionary alphabetically digested. 1701. 14 K13.2.I8 B29 RBR Bartoli, Daniello, 1608-1885. Il torto e'l diritto del non si pvo…1671. 393 p. 15 K13.2.L3 B82 RBR [Bravo, Bartolomé] d. -
Texas Groundwater Law from Its Origins in Antiquity to Its Adoption in Modernity
Texas Groundwater Law from Its Origins in Antiquity to Its Adoption in Modernity By Dylan O. Drummond Introduction1 s Justice Oliver Wendell Holmes remarked just seven years before the Texas ASupreme Court issued its opinion in Houston & Texas Central Railroad Co. v. East,2 the “rational study of law is still to a large extent the study of history.”3 Before groundwater property rights (“ownership in place”)4 and tortious immunity (the “rule of capture”)5 were first recognized in Texas over a century ago in East,6 the underpinnings of the debate between the 1 The author would like to extend special thanks to Professor Megan Benson, Ph.D., whose exhaustive and engaging work on the East case has been invaluable in drafting this article; and Robert E. Mace, Cynthia Ridgeway, John M. Sharp, Jr., Robert F. Flores, and Edward S. Angle, whose authoritative and comprehensive efforts analyzing the factual background to the East case, as well as compiling most of the original case materials, have been crucial to the research of this presentation. See Megan Benson, Railroads, Water Rights and the Long Reach of Houston and Texas Central Railroad Company v. W. A. East (1904), 116 S.W. HiSt. Q. 261 (Jan. 2013) [hereinafter Long Reach]; Robert E. Mace et al., Groundwater Is No Longer Secret and Occult—A Historical and Hydrogeologic Analysis of the East Case, in 100 Years of the Rule of Capture: From East to Groundwater Management, TEX. WATER DEV. BD. REP. 361 (2004) [hereinafter East Historical Analysis]. This article is excerpted from one that was originally published at 5 TEX.