Vertical, Underground, & Water Flashcards
What does the Ad Coelum Doctrine state?
Ownership up to the heavens and down to hell.
Modern limitation from air travel; ownership only for property in heavens that owner can use (ex: a flag pole)
What is the Takings Action?
The only allowable legal claim against the government when it seizes, damages or restricts use of private property without providing just compensation.
What was holding in Causby?
- Military use of airport near Causby’s property deprived him of chicken business.
- Couldn’t bring trespass claim because gov. has sovereign immunity. Cosby required to bring takings action.
- Holding: planes flying so low = direct interference with use/enjoyment of Cosby’s land.
What are the three ways subsurface rights can be treated under Split Estates?
- Severed
- Sold
- Leased Separately
What does the Doctrine of Mineral Dominance entail?
In disputes between surface and subsurface owners, subsurface owner prevails.
What is the principle of the Doctrine of Mineral Dominance?
- Economic necessity of extracting valuable minerals
What is the Surface Accommodation Doctrine?
Mineral owners must use least interference when extracting, with limitations when alternative method considerably more expensive.
What are the two ways a government can acquire subsurface rights?
- Condemnation (forced sale for public benefit)
- Purchasing and retaining subsurface rights
What is the Rule of Capture?
Can drill on land and capture oil/water even if it originates from neighboring property.
What is the holding regarding the Rule of Capture?
Affected landowner can’t claim damages but can drill their own well.
What does the Public Trust Doctrine protect?
In trust for public use = Navigable Water + land up to ‘ordinary high-water mark’.
What was established in Glass v. Goeckel?
The public has an easement to walk along the shore up to the ordinary high-water mark, even if that part of the land is privately owned.
What rights do landowners have under the Riparian Rights Doctrine?
Owners of land adjacent to bodies of water have right to use entire surface of lake for recreation.
What does the ‘Right to Wharf-Out’ entail?
Riparian owner may construct docks extending into water for boat access.
What is the Prior Appropriation Doctrine?
‘First in Time, First in Right’: water rights go to those who divert and use first, regardless of land adjacency.
What was established in Johnson v. Seifert?
Landowner can’t construct fences to prevent other riparian owners.
What are the three main government regulations affecting land/water use?
- Police Power: gov. can regulate land/water use for public health and welfare
- Takings Doctrine: Gov. regulations that deprive landowner of water resource can constitute a takings action
- State Reg. Groundwater: to prevent waste/ensure fair distribution
What is the only state which has applied the rule of capture to ground water
Texas
