Acquisition by Capture

Question 1

Rule of Capture

Answer 1

• First to capture a resource, owns that resource

- Capture= exercise control or dominion

Question 2

Domestic/Wild Animal

Answer 2

• Domestic= Strong possessory interest for the owner if the animal has a habit of return.
• Wild Animal= strong possessor interest for the hunter, if the hunter has an intent to appropriate the animal and deprive of its natural liberty.

Question 3

Constructive Possession

Answer 3

-L is considered the owner of a resource on their private property unless the exclusion interferes with the rights and well being of others.

Question 4

Surface Water

Answer 4

• Riparianism= Eastern states, derivative of land rights (you own the land, you own the water)
• Prior Appropriation= Western States, 1st to appropriate and put to beneficial use.

Question 5

Ground Water

Answer 5

-derivative of land rights, with the addition of wasteful use, if harmful, is unlawful.

Question 6

Minerals

Answer 6

• reduced to physical possession
• rule of capture
• no slant drilling