The rule of capture is a legal principle stating that the first person to capture a natural resource, such as groundwater, oil, or gas, becomes the owner of that resource. This rule encourages landowners to extract as much of these resources as possible from their property. Originating from English common law, the rule has been adopted by U.S. courts, although its application can vary by state.
The rule of capture is primarily used in property law, particularly in cases involving natural resources. It plays a significant role in determining ownership and rights related to groundwater, oil, and gas extraction. Users can manage their rights and responsibilities through legal forms, such as those provided by US Legal Forms, which help clarify ownership and usage rights.
Here are a couple of examples of abatement:
For instance, if a landowner drills a well and extracts groundwater, they own that water under the rule of capture. Conversely, if a neighboring landowner drills a well and captures the same resource, they may not have any claim to the water extracted by the first landowner (hypothetical example).
Examples of state differences (not exhaustive):
| State | Application of Rule of Capture |
|---|---|
| Kansas | Abandoned the rule in favor of correlative rights and regulation to prevent waste. |
| Texas | Continues to apply the rule of capture for oil and gas extraction. |
| California | Utilizes a hybrid approach, balancing the rule of capture with environmental regulations. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Correlative rights | Rights assigned to multiple owners to share resources equitably. | Correlative rights promote shared access, while the rule of capture favors the first extractor. |
| Prior appropriation | A water law doctrine granting rights based on first use. | Prior appropriation is specific to water rights, while the rule of capture applies to various resources. |
If you are a landowner considering resource extraction, it is crucial to understand your rights under the rule of capture. You may want to:
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