Acquisition by Discovery, Capture, and Creation

Similar documents
Acquisition by Capture Cont d. Carol M. Rose, Possession as the Origin of Property, Perspectives, p. 180

Torts Meier Quiz 2 Sept. 8, (Do Not Turn to the Next Page Until Signaled)

Humane State Ranking 2018 (Montana through Wyoming)

Norwegian legislation is a violation of Article 9, point 1 of the Bern Convention

Humane State Ranking 2013 (Montana through Wyoming, plus DC)

Humane State Ranking 2018 (Alabama through Missouri)

Competition. Competition. Competition. Competition. Competition. Competition. Competition. Long history in ecology

Sharing The Fish Whose Fish? Bernie Walrut Barrister & Solicitor 43 Wright Street, Adelaide, South Australia

2016 License Application Form

Humane State Ranking 2012 (Montana through Wyoming, plus DC)

The Role and Economic Importance of Private Lands in Providing Habitat for Wyoming s Big Game

Humane State Ranking 2017 (Alabama through Missouri)

Endangered Species on Ranches. Nebraska Grazing Conference August 14 15, 2012

Humane State Ranking 2016 (Montana through Wyoming)

VILLAGE OF STIRLING IN THE PROVINCE OF ALBERTA Bylaw No Animal Control Bylaw

Initiative and Referendum History Animal Protection Issues

Humane State Ranking 2013 (Alabama through Missouri)

Regional District of Central Okanagan. Bylaw No.1 028

Target Shooting by Hunters and Their Use of Shooting Ranges: 1975, 1991, and 2011

2012 Diamond Complex Assessment BLM administered: Battle Mountain, Ely, Elko districts

Humane State Ranking 2014 (Montana through Wyoming, plus DC and PR)

Livestock Losses. From Department of Agriculture report 2010 (report also available on this website)

CONTENTS III CUMULATIVE REVIEW Copyright by Phoenix Learning Resources. Inc. All Rights Reserved.

Conservation Worksheet III

Ecological Pyramids Adapted from The Nevada Outdoor School, The Playa Ecological Pyramids Lesson Plan

LAS VEGAS CLASSIC U BOYS POOL KEY

HORIZON HORSEBACK. The Collection

Veronica Yovovich, Ph.D. Wildlife Conflict Specialist and Science Program Director Mountain Lion Foundation

2000 AP ENVIRONMENTAL SCIENCE FREE-RESPONSE QUESTIONS

Preventive Measures and Existing Regulations for Chronic Wasting Disease in the U.S.

Comment Letter 1 for Item 5

H. R To provide for the protection of the last remaining herd of wild and genetically pure American buffalo. IN THE HOUSE OF REPRESENTATIVES

Freestone County 4-H Erin Davis

Status and management of large carnivores in. Estonia. Peep Männil Nature Department Estonian Environment Agency. Photo: Toomas Tuul

Hunt ID: UT-ElkRElkTElkBDeerDeerMooseAnteGTurkeyBuffaloGoatSheepLionBear-All-NLEVA-HOT- RUCEB

Big Game Allocation Policy Sub-Committee Recommendations to AGPAC

ECONOMIC VALUE OF OUTFITTED TRIPS TO CONSERVATION ORGANIZATIONS

ALBERTA FISH & GAME ASSOCIATION 2015 ANNUAL GENERAL MEETING PASSED RESOLUTIONS FEBRUARY 21, 2015

FOR YOUR CONSIDERATION

IX. FISH & WILDLIFE General Fish & Wildlife Statement Oregon Department of Fish & Wildlife (ODF&W) Fish Hatcheries 9.

IMPLEMENTING REGULATIONS OF THE WILDLIFE CONSERVATION LAW. Authorized by the Republic of China Wildlife Conservation Law, amended October 29, 1994.

As It Is, information you can use to help you learn English is coming your way.

8/6/10 9:00 AM 4-H/FFA Horse Hippology Dr. Jack Giesy Arena. 8/6/10 9:00 AM 4-H/FFA Horse Bowl Dr. Jack Giesy Arena

NEVADA DEPARTMENT OF WILDLIFE STATEWIDE FISHERIES MANAGEMENT

Humane State Ranking (Alabama through Missouri)

African Conservation Experience

Graphing population size daily Review Deer: Predation or Starvation

BirdLife Norway (Norwegian Ornithological Society)

RYAN WALKER, New Mexico Department of Game and Fish, P. O. Box 1145, Raton, NM 87740, (575) ,

[First Reprint] SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED APRIL 28, 2014

Basketball Officials Exam For Postseason Tournament Consideration

Environmental Law and Policy Salzman & Thompson

Little Kern Golden Trout Status:

The National Wildlife Refuge System. The National Wildlife Refuge System

GENERAL MARKET SWINE RULES

Department of Natural Resources

Whales. Visit for thousands of books and materials. A Reading A Z Level O Leveled Reader Word Count: 1,106

6.2. One-Step Equations with Rational Coefficients

SHELBY COUNTY 4-H NEWS. A huge THANK YOU to all of the volunteers that helped serve, clear tables and help with clean up! Sheep-Goat Weigh-in

African Swine fever in wild boar in Belgium

H. R. To provide for the protection of the last remaining herd of wild and genetically pure American Buffalo. IN THE HOUSE OF REPRESENTATIVES A BILL

2019 Delaware County 4-H Calendar Subject to change. Updates at or 4-H Newsletter for updates.

Permission is given to photocopy activity pages (only) for use in the homeschool or classroom this book was purchased for.

Dear Leader McConnell, Speaker Ryan, Leader Schumer, and Leader Pelosi:

WELSH ARCHERY ASSOCIATION 2015 OPEN CHAMPIONSHIPS

Stakeholder Activity

Know Your River River Afan Salmon and Sea Trout Catchment Summary

Native American Cultures: The Great Basin

GENERAL RABBIT RULES

Confederated Tribes of the Colville Reservation. Aboriginal Territories in Washington

WILD WEST SHOOT-OUT. Featured Activities During The Event

The following schedule is subject to change (as of April 18, 2017); please check back for updates.

STUDENT PACKET # 6 Student Exploration: Rabbit Population by Season

FOR SALE Sprague River Ranch

NEW INTERNATIONALIST EASIER ENGLISH INTERMEDIATE READY LESSON

This newsletter includes:

Guided Five day with lodging rifle bull elk hunt $4000 reduced down to only $ 2995.

2016 Boyd County Fair Youth Livestock Show Rules

Case 9:11-cv DWM Document 64 Filed 06/21/11 Page 1 of 7

Making a Splash. Use this selection to answer questions Student Name. 1 Look at the web below and answer the question that follows.

ARIZONA HISTORICAL SOCIETY 949 East Second Street Library & Archives Tucson, AZ (520)

The Commercialisation and Exclusive Capture of NZ s Public Freshwater Fisheries

SHELBY COUNTY 4-H NEWS th Street Harlan, IA M-F 8:00 5:00 LEARN MORE AT

Integrated Skills in English ISE Foundation

Confederated Tribes of the Umatilla Indian Reservation -- Cayuse, Umatilla, and Walla Walla Tribes

Endangered Species Act 1975 [8 MIRC Ch.3]

GRIZZLY BEAR MANAGEMENT CAPTURES, RELOCATIONS, AND REMOVALS IN NORTHWEST WYOMING

LAS VEGAS LIVE U BOYS DIVISION POOL KEY

Via Certified Mail/Return Receipt Requested

Bowhead Whales: An Introduction to our Whales Unit

LAS VEGAS LIVE U BOYS DIVISION POOL KEY

Chapter 9: Sustaining Biodiversity

Permitting under the Endangered Species Act, 2007

I hunt the other side of the mountain and have taken around 60 of my 80 elk there. This is the same herd just earlier in their migration.

under the James Lathrop & Wayne Capurro Internship program. I am confident in saying that

Hunt ID: KS-WDeerTurkey-All-DRO-Hans

The Taylor County Livestock Show Association Rules and Schedule of Events

1 Listen and point. Say the sentences.

SEASON FINAL REGISTRATION REPORTS

Jeffrey Cole, Wildlife Manager Fish and Wildlife Dispatch

Transcription:

Acquisition by Discovery, Capture, and Creation Recap: Pierson v. Post and Ghen v. Rich First pursuit v. first possession Certainty Custom Constructive possession Ghen v. Rich Revisited Fin whales are on average about 90 feet long, and can weigh over 70 tons. By point of comparison, an African elephant weighs roughly 8 tons. Barrow Whale Hunt://nyti.ms/15yr8JN 1

Barrow, Alaska Bowhead Whale (75-100 tons and up to 66 feet long) Barrow Whale Hunt://nyti.ms/15yr8JN Acquisition by Capture Cont d Keeble v. Hickeringill Constructive Possession Carol M. Rose, Possession as the Origin of Property 2

Keeble v. Hickeringill, Queen s Bench (1707), Casebook p. 27. Constructive possession Ratione soli Malicious interference with trade Benefits to the market Keeble v. Hickeringill Cont d Effect on Pierson v. Post? Instrumental end? 3

Keeble v. Hickeringill Cont d The Rule of Capture and Wild Animals T, a trespasser, captures a wild animal on the land of O, landowner, and carries it off to her own land where she confines it in a cage. T1 trespasses on T s land and takes away the animal. In a suit by T against T1, who should win? What if O went and took the animal from T and T sues O. Who should win? 4

Who Owns Wild Animals? F, a farmer, is bothered by wild migrating geese on her land and shoots them in violation of the fish and game laws. The government confiscates the carcasses, and F sues for their return. Who wins? Who Owns Wild Animals? When the geese return the next year, F sues the government for damage to her field caused by the geese. Who wins? 5

Wolf Reintroduction ID, MT, WY, UT, AZ & NM The Bailey Wildlife Foundation Wolf Compensation Trust 1987-2007 Defenders of Wildlife Total Payments $984,474 Number of Payments 694 Average Payment Per Year $49,224 Average Payment Per Animal $323 Total Number of Animals Killed By Wolves (1,961 sheep, 1,013 cattle, 77 other (llamas, guard dogs, horses, mules, pigs, chickens, etc.)) 3,051 The Rule of Capture and Other Fugitive Resources: Oil and Gas There is a common pool of oil beneath A s and B s land. Does A have a remedy at all if B starts draining the pool? Suppose B s well starts on her land but angles down such that it bottoms underneath A s land. Does the rule of capture apply? 6

The Rule of Capture and Other Fugitive Resources: Oil and Gas Cont d There is a common pool of oil beneath A s and B s land. Suppose A reinjected oil that moves under B s land. B sues to recover damages for use and occupation of her land by A s oil. What result? I drink your milkshake! There Will be Blood I Drink Your Milkshake! - There Will Be Blood.mp4 7

The Rule of Capture and Groundwater Rule of Capture English common law rule of absolute right (limited by doctrines against waste and malicious injury) Texas. American Rule reasonable use, usually measured by whether it is used on the land from which it is pumped. The Rule of Capture and Groundwater Cont d Correlative Rights fair and just proportion, favoring on-land use as the American Rule, but based on amount of land owned. Prior Appropriation First in time, first in right intentional diversion and beneficial use. 8

The Rule of Capture and Surface Water Riparian/Natural Flow Eastern States reasonable use and not damaging others Colorado Doctrine/Prior Appropriation Rocky Mountain states diversion and beneficial use California Doctrine/Mixed riparian and appropriative rights Western States, including Texas of H O U S T O N Professor Marcilynn A. Burke Copyright 2013 Marcilynn A. Burke Carol M. Rose, Possession as the Origin of Property, Perspectives, p. 180 Lessons from Johnson v. McIntosh, Pierson v. Post, Ghen v. Rich, (& Keeble v. Hickeringill) Texts, subtexts, and cultural relativity Visual signals of H O U S T O N artificial systems Professor Marcilynn A. Burke Copyright 2013 Marcilynn A. Burke 9