Rule Of Capture
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Rule Of Capture
The rule of capture or law of capture, part of English common law and has been adopted by a number of U.S. states, establishes a rule of non-liability for captured natural resources including groundwater, oil, gas, and game animals. The general rule is that the first person to "capture" such a resource owns that resource. For example, landowners who extract or “capture” groundwater, oil, or gas from a well that bottoms within the subsurface of their land acquire absolute ownership of the substance even if it is drained from the subsurface of another’s land. The landowner who captures the substance owes no duty of care to other landowners. For example, a water well owner may dry up wells owned by adjacent landowners without fear of liability unless the groundwater was withdrawn for malicious purposes, the groundwater was not put to a beneficial use without waste, or (in Texas) "such conduct is a proximate cause of the subsidence of the land of others." A corollary of that rule ...
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Groundwater
Groundwater is the water present beneath Earth's surface in rock and soil pore spaces and in the fractures of rock formations. About 30 percent of all readily available freshwater in the world is groundwater. A unit of rock or an unconsolidated deposit is called an aquifer when it can yield a usable quantity of water. The depth at which soil pore spaces or fractures and voids in rock become completely saturated with water is called the water table. Groundwater is recharged from the surface; it may discharge from the surface naturally at springs and seeps, and can form oases or wetlands. Groundwater is also often withdrawn for agricultural, municipal, and industrial use by constructing and operating extraction wells. The study of the distribution and movement of groundwater is hydrogeology, also called groundwater hydrology. Typically, groundwater is thought of as water flowing through shallow aquifers, but, in the technical sense, it can also contain soil moisture, perma ...
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Petroleum
Petroleum, also known as crude oil, or simply oil, is a naturally occurring yellowish-black liquid mixture of mainly hydrocarbons, and is found in geological formations. The name ''petroleum'' covers both naturally occurring unprocessed crude oil and petroleum products that consist of refined crude oil. A fossil fuel, petroleum is formed when large quantities of dead organisms, mostly zooplankton and algae, are buried underneath sedimentary rock and subjected to both prolonged heat and pressure. Petroleum is primarily recovered by oil drilling. Drilling is carried out after studies of structural geology, sedimentary basin analysis, and reservoir characterisation. Recent developments in technologies have also led to exploitation of other unconventional reserves such as oil sands and oil shale. Once extracted, oil is refined and separated, most easily by distillation, into innumerable products for direct use or use in manufacturing. Products include fuels such as gasol ...
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Natural Gas
Natural gas (also called fossil gas or simply gas) is a naturally occurring mixture of gaseous hydrocarbons consisting primarily of methane in addition to various smaller amounts of other higher alkanes. Low levels of trace gases like carbon dioxide, nitrogen, hydrogen sulfide, and helium are also usually present. Natural gas is colorless and odorless, so odorizers such as mercaptan (which smells like sulfur or rotten eggs) are commonly added to natural gas supplies for safety so that leaks can be readily detected. Natural gas is a fossil fuel and non-renewable resource that is formed when layers of organic matter (primarily marine microorganisms) decompose under anaerobic conditions and are subjected to intense heat and pressure underground over millions of years. The energy that the decayed organisms originally obtained from the sun via photosynthesis is stored as chemical energy within the molecules of methane and other hydrocarbons. Natural gas can be burned fo ...
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Game Animals
Game or quarry is any wild animal hunted for animal products (primarily meat), for recreation (" sporting"), or for trophies. The species of animals hunted as game varies in different parts of the world and by different local jurisdictions, though most are terrestrial mammals and birds. Fish caught non-commercially (recreational fishing) are also referred to as game fish. By continent and region The range of animal species hunted by humans varies in different parts of the world. This is influenced by climate, faunal diversity, popular taste and locally accepted views about what can or cannot be legitimately hunted. Sometimes a distinction is also made between varieties and breeds of a particular animal, such as wild turkey and domestic turkey. The flesh of the animal, when butchered for consumption, is often described as having a "gamey" flavour. This difference in taste can be attributed to the natural diet of the animal, which usually results in a lower fat content com ...
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Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both List of U.S. states and territories by area, area (after Alaska) and List of U.S. states and territories by population, population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexico, Mexican States of Mexico, states of Chihuahua (state), Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the List of cities in Texas by population, most populous city in Texas and the List of United States cities by population, fourth-largest in the U.S., while San Antonio is the second most pop ...
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Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional. History The word "fee" is related to the term fief, meaning a feudal landhol ...
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Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New Mexico on the west, and Colorado on the northwest. Partially in the western extreme of the Upland South, it is the List of U.S. states and territories by area, 20th-most extensive and the List of U.S. states and territories by population, 28th-most populous of the 50 United States. Its residents are known as Oklahomans and its capital and largest city is Oklahoma City. The state's name is derived from the Choctaw language, Choctaw words , 'people' and , which translates as 'red'. Oklahoma is also known informally by its List of U.S. state and territory nicknames, nickname, "Sooners, The Sooner State", in reference to the settlers who staked their claims on land before the official op ...
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Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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Cuius Est Solum Eius Est Usque Ad Coelum Et Ad Inferos
''Cuius est solum, eius est usque ad coelum et ad inferos'' (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell") is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also the air above and (in the broader formulation) the ground below. The principle is often referred to in its abbreviated form as the ''ad coelum'' doctrine. In modern law, this principle is still accepted in limited form; the rights are divided into air rights above and subsurface rights below. Property title includes to the space immediately above and below the ground – preventing overhanging parts of neighboring buildings – but do not have rights to control flights far above the ground or in space. In dense urban areas, air rights may be transferable (see transferable development rights) to allow construction of new buildings over existing buildings. In some jurisdictions, the ability to exploit minera ...
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Overdrafting
Overdrafting is the process of extracting groundwater beyond the equilibrium yield of an aquifer. Groundwater is one of the largest sources of fresh water and is found underground. Groundwater depletion is comparable to a bank account in which more money is withdrawn than deposited. The primary cause of groundwater depletion is the excessive pumping of groundwater up from underground aquifers. There are two sets of yields: safe yield and sustainable yield. Safe yield is the amount of groundwater that can be withdrawn over a period of time without exceeding the long-term recharge rate or affecting the aquifer integrity. Sustainable yield is the amount of water extraction that can be sustained indefinitely without negative hydrological impacts, taking into account both recharge rate and surface water impacts. There are two types of aquifers: confined and unconfined. In confined aquifers, there is an overbearing layer called aquitard, which contains impermeable materials through wh ...
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Pierson V
Pierson or Piersons may refer to: Places *Pierson, Florida *Pierson, Iowa *Pierson, Manitoba *Pierson, Michigan *Pierson College of Yale University *Pierson Creek, a stream in Iowa *Piersons Lake, a lake in Minnesota Other uses *Pierson (surname) See also *Peirson, given name and surname *Pearson (other) Pearson may refer to: Organizations Education *Lester B. Pearson College, Victoria, British Columbia, Canada *Pearson College (UK), London, owned by Pearson PLC *Lester B. Pearson High School (other) Companies *Pearson PLC, a UK-based int ...
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