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Full-Text Articles in Property Law and Real Estate
North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe
North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe
NCCU Environmental Law Review
No abstract provided.
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer
Washington Law Review
Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracking). Property rights will need to continue adapting if they are going to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise—for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort of …