law of capture

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law of capture

Under this theory,a landowner does not own migratory substances (such as oil and gas) under the land but does have the exclusive right to drill for,produce,or in some other manner gain possession of the substances.Contrast with unitization.

References in periodicals archive ?
rule of capture, the courts reasoned that ownership of oil and
The rule of capture applies irrespective of the fact that the petroleum resources may have migrated from beneath another surface owner's property.
The rule of capture would likely be irrelevant since the plaintiffs would not need to rely on drainage damages to support their claim.
We often discuss the rule of capture as a first possession doctrine
Historically in the United States, the rule of capture allowed each owner in a common reservoir to exploit the common oil reservoir without liability to other owners.
The rule of capture thus creates an incentive for each landowner to produce as much oil as possible and as rapidly as possible.
Recently, Sherman co-authored an article in the Texas Tech Law Review which provides the most extensive analysis ever published on the legal foundation and 1,500 year history of the rule of capture.
PHILOSOPHICAL GROUNDING OF THE RULE OF CAPTURE IN THE WEST
At this point, I'm trying to study the issues and learn more about it before we decide to change the Texas Constitution and take the rule of capture away from everybody," he said in a phone interview Wednesday.
Environmental Law should publish a symposium on the rule of capture (1)