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
It makes no difference to the rule of capture in general because the litigants and the court in Pierson agreed to consider foxes ferae naturae for the purposes of this case, and the majority's reasoning applies to all animals.
Early in the past century, the absolute ownership doctrine, or rule of capture, was established in the famous case of Houston and T.
The rule of capture thus creates an incentive for each landowner to produce as much oil as possible and as rapidly as possible.
And outside the boundaries of groundwater conservation districts, he said, "the rule of capture is the law of the land.
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.
As part of Lewis & Clark Law School's continuing celebration of the bicentennial of the Corps of Discovery's epic exploratory journey, the Oregon Law Institute and Lewis & Clark Law School hosted a symposium entitled the "The Rule of Capture and Its Consequences" on April 7-8, 2005 in Portland, Oregon.