Property Law and Real Estate Commons^™

Liberalism, Patriotism, And Cosmopolitanism In Local Citizenship In A Global Age, Eric R. Claeys

Texas A&M Journal of Property Law

In this review Essay, I survey the most valuable lessons from Local Citizenship in a Global Age. But I have some reservations about the book, and I want to mark those off as well. The book comes off as critical of views that seek to control immigration and to establish relatively demanding criteria for noncitizens to become citizens. In my view, two factors contribute to this impression, and the book would have been more satisfying if both had been addressed.

Equality And Closure: The Paradox Of Local Citizenship, Kenneth A. Stahl

Texas A&M Journal of Property Law

In Bourgeois Utopias, a cultural history of suburbia in America, Robert Fishman states the fundamental paradox about the suburbs: “[H]ow can a form based on the principle of exclusion include every-one?” The promise of the American suburb was that every middle-class family would be able to own a home with a yard, but this egalitarian ideal was illusory because what made the suburbs appealing was precisely what it excluded, namely everything having to do with the city—its congestion, political corruption, and most importantly, its racial diversity. And so, as suburbia was mass-produced and made avail-able with cheap low-interest loans …

Questions Of Citizenship And The Nature Of "The Public", Sarah Schindler

Texas A&M Journal of Property Law

This essay is taken from a talk given at a symposium discussing Professor Ken Stahl’s book, Local Citizenship in a Global Age.1 It is not a traditional book review, but rather a series of musings inspired by the ideas in the book.

Professor Stahl’s new book, Local Citizenship in a Global Age, addresses a number of important issues, many of which have been the focus of my prior work: the existence of boundaries, borders, and the spaces in between; who we include in those boundaries and who we exclude; public space, private space, and the lines between them; …

California, Joshua L. Baker, Ryan Mahoney

Texas A&M Journal of Property Law

Oil and gas output in California has declined as the industry faces increasing regulatory and market headwinds. However, California remains a major oil and gas producing jurisdiction at the present. California is the seventh-largest producer of crude oil in the United States and contains the fifth-largest crude oil reserves.

Montana, Stephen R. Brown

Texas A&M Journal of Property Law

In 2019, Montana produced nearly twenty-three million barrels of crude oil, up slightly from its 2018 production, and 48.5 million cubic feet of natural gas. Through mid-2020, both crude oil and natural gas production declined by more than 25% when compared to the same period in 2012.

Alabama, Brandt Hill, Ted Holt

Texas A&M Journal of Property Law

Between October 2019 and September 2020, there were no noteworthy appellate decisions interpreting Alabama law directly relevant to oil and gas companies or operations. Similarly, there are no statutory amendments or administrative decisions impacting oil and gas companies operating in the state. However, the Alabama Supreme Court and the Eleventh Circuit Court of Appeals each issued an opinion addressing jurisdiction and procedural issues that are relevant to operators in Alabama. We discuss those opinions below.

Oklahoma, Mark D. Christiansen

Texas A&M Journal of Property Law

The case of White Star Petroleum, LLC v. MUFG Union Bank, N.A. presented two questions of state law certified to the Oklahoma Supreme Court by the United States Bankruptcy Court for the Western District of Oklahoma: (1) Are the “trust funds” create[d] by Title 42 O.S. § 144.2, entitled “Creation and Appropriation of Trust Funds for Payment of Lienable Claims,” limited to obligations due nonoperator joint working interest owners, or do such funds include payments due [to] holders of mechanic’s and materialmen’s liens arising under and perfected by Title 42 O.S. § 144? (2) Does the Oil and Gas Owners’ …

California Community Choice Aggregation Law & Regulation, Ryan M. F. Baron, Glen Price, Benjamin Bodell

Texas A&M Journal of Property Law

The purpose of this special topic is to provide a summary of the laws and regulations associated with the development of Community Choice Aggregation (“CCA”) in California and the growing impact of CCA in the California energy market.

Arkansas, John Peiserich

Texas A&M Journal of Property Law

Does the government have the authority to alter the terms of an agreement between private parties that it deems unfair? At first pass, most Americans would agree that it does not. Of course, exceptions apply. American courts exercise the right to break up monopolies, enforce a minimum wage, and invalidate contracts that they deem unconscionable.

Baby, Bye, Bye, Bye: How The United States, Italy, & France Use Trademark Anti-Counterfeiting Mechanisms To Combat The Proliferation Of Fake Goods In China, J. Francesca Gross

Texas A&M Journal of Property Law

Christian Louboutin. Manchester United. Agent Provocateur. In a world where trademarks have become more than brand identifiers, counterfeit versions of brands should be easily identifiable. Yet counterfeiting regimes from Asian countries continue to funnel counterfeit goods through the United States and European Union borders. Both regions continue to impose stricter anti-counterfeiting laws and regulations. Nevertheless, companies in the United States, Italy, and France are drastically affected by counterfeiting, losing billions per year in revenue. The International Chamber of Commerce’s (“ICC”) Business Action to Stop Counterfeiting and Piracy (“BASCAP”) and the International Trademark Association (“INTA”) estimate that the value of international …

Ohio, Gregory W. Watts, Matthew W. Onest

Texas A&M Journal of Property Law

Ohio courts continue applying the Ohio Marketable Title Act to severed oil and gas rights.1 As with many statutes, there are generally two questions that must be answered: (1) does the particular statute apply to the particular facts of the case and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case? Both questions about Ohio’s Marketable Title Act and severed mineral interests were further examined and explored in 2020.

West Virginia, Michael K. Reer, Valerie Antonette

Texas A&M Journal of Property Law

West Virginia is one of the most prolific energy-producing states in the country. According to the U.S. Energy Information Administration, West Virginia ranked seventh among states in production of natural gas in 2018, contributing 1.8 trillion cubic feet. Further, the consistency in permit application appears to support the proposition that West Virginia operators will continue producing significant volumes well in the future. The West Virginia Department of Environmental Protection (“WVDEP”) issued 582 horizontal well permits in 2015, 223 in 2016, 509 in 2017, 433 in 2018, and 467 in 2019.

Wyoming, Jeffrey S. Pope, Deanna Sami Falzone

Texas A&M Journal of Property Law

In 2019, Wyoming ranked eighth nationally in both crude oil and natural gas production. Sales of crude oil production totaled 101.8 million barrels, up 16% from 2018, while natural gas production totaled 1.456 trillion cubic feet, which was down 8.52% from 2018.1 However, as of August 1, 2020, Wyoming had zero oil and natural rigs in operation for the first time since 1884.

Federal Legal And Regulatory Developments Relating To The U.S. Pipeline Industry, Chloe J. Marie, Ross Pifer

Texas A&M Journal of Property Law

The Atlantic Coast Pipeline (“ACP”) was designed as a 600-mile underground, pipeline project transporting natural gas from well sites in West Virginia to end users throughout Virginia and North Carolina. Atlantic Coast Pipeline, LLC (“Atlantic Coast”), the developer of the ACP project, began the extensive process of obtaining the necessary regulatory approvals for this project by initiating a pre-filing process with the Federal Energy Regulatory Commission (“FERC”) in October 2014. In the nearly six years that followed, the project received various permits related to water and air quality as well as other matters from state and federal agencies. At nearly …

Alaska, George R. Lyle, Adam D. Harki, Traci N. Bunkers

Texas A&M Journal of Property Law

The Alaska State Legislature was scheduled to convene its Second Regular Session of the Thirty-First Legislative Session from January 21, 2020, through May 20, 2020. However, on March 29, 2020, the Alaska State Legislature, like other state legislatures, suspended its session effective immediately, in response to the coronavirus pandemic (“COVID-19”). While the suspension was initially continued through May 18, 2020, the Alaska Legislature formally adjourned on May 20, 2020. Given the adjournment, the legislature did not pass any substantive oil and gas legislation.

Lousiana, Keith B. Hall

Texas A&M Journal of Property Law

Act No. 227 of the 2020 Regular Session of the Louisiana Legislature amends Louisiana Mineral Code article 212.21 (also known as Louisiana Revised Statutes 31:212.21). In particular, Act No. 227 amends article 212.21 to clarify that the article does not apply to claims brought by unleased owners—that is, landowners2 or mineral servitude3 owners whose mineral interests are not under lease.

Michigan Oil And Gas Update, William A. Horn, Joshua D. Beard

Texas A&M Journal of Property Law

On March 23, 2020, the Michigan Court of Claims issued its opinion in Mannes v. Michigan Dep’t of Treasury. This case considered the meaning of the phrase “expenses of producing oil and gas” as such expenses relate to “taxable income” under the Michigan Income Tax Act of 1967.

Virginia, Daniel B. Kostrub

Texas A&M Journal of Property Law

This Article addresses developments in Virginia oil and gas law for the period from September 1, 2019, to September 1, 2020. During this period, the Supreme Court of the United States heard the Atlantic Coast Pipeline case, providing a significant ruling that allowed the pipeline to cross underneath the Appalachian trail. Additionally, Judge Chadwick S. Dotson of the Circuit Court of Wise County and the City of Norton issued an opinion regarding the mining of uranium in the Commonwealth.

Don't Mess With Texas Solar: Pv Growth Continues Despite Covid-19, Matthew A. Arth

Texas A&M Journal of Property Law

2020 was the year of the unexpected, but one constant in the energy industry remained the exponential growth of solar generation in Texas, which largely continued its expansion as predicted. Electric Reliability Council of Texas’s (“ERCOT”) 2019 State of the Grid Report noted that installed solar generation capacity in ERCOT stood at 2,281 megawatts (MW) at year-end 2019, with over 67,000 MW of further solar capacity under study, exceeding even the amount of wind generation capacity under study. By July 2020, installed capacity of solar generation increased by almost 1 gigawatt (GW) to a total of 3,275 MW, representing approximately …

Pennsylvania, Michael K. Reer, Valerie Antonette

Texas A&M Journal of Property Law

According to the U.S. Energy Information Administration, Pennsylvania ranked second among states in production of natural gas in 2018, contributing nearly seven trillion cubic feet. Although the number of unconventional permit applications received by the Pennsylvania Department of Environmental Protection (“PADEP”) remains relatively robust, the number of unconventional well applications continues to decline from the peak of 3,182 received in 2014.3 In 2019, PADEP received 1,475 unconventional permit applications, as compared to 1,868 in 2018 and 2,028 in 2017.

Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020, Warigia M. Bowman, Debbie Firestone

Texas A&M Journal of Property Law

On the road to energy security, independence, and success, this past year Oklahoma has seen “construction” projects in the works. Renewable energy, however, hit a major roadblock in the form of the COVID-19 pandemic. Historically, Oklahoma produced most of its electricity through coal and natural gas. In the past decade, renewable sources like wind and solar energy represent a growing segment of electricity generation in the state. In 2019 and 2020, Oklahoma developed a stronger renewable energy policy by enacting legislation, passing administrative decisions, and passing local city ordinances.

Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak

Texas A&M Journal of Property Law

The distinct three energy grids as such exist in the United States (the Western Interconnection, the Eastern Interconnection, and the Texas Interconnection or ERCOT) unnecessarily constrain the United States in addressing its future energy needs, as electricity flow between the three grids is very limited. As our country’s reliance on traditional nonrenewable energy sources like coal continue to decline and the reliance on renewable energy sources continues to grow, the United States should focus on replacing the existing three-grid system with a national energy grid that will benefit energy companies and consumers, as well as serve our future energy needs. …

New Mexico, Sharon T. Shaheen

Texas A&M Journal of Property Law

The New Mexico appellate courts issued no opinions relating to oil and gas in the past year.

Knick And The Elephant In The Courtroom: Who Cares Least About Property Rights?, R. S. Radford

Texas A&M Journal of Property Law

In Knick v. Township of Scott, the Supreme Court corrected one of the most egregious and inexplicable blunders of its 230-year history. For more than three decades, plaintiffs who alleged a violation of the Takings Clause by state or local governments were barred from suing for compensation in federal court. The source of this prohibition was Justice Blackmun’s 1985 opinion in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City—a decision that most scholars and practitioners believe rested on a fundamental misunderstanding of both constitutional text and legal procedure.

That Tattoo On Her Shoulder: The Intersection Of Copyright Law & Tattoos, Kathleen Wills

Texas A&M Journal of Property Law

Tattoos are a billion-dollar industry that grows as tattoos become globally acceptable. With that market growth comes an incentive for parlor owners and artists to determine what rights they own and assert it against tattooed individuals. Artists upcharge celebrities for tattoos because of the publicity of their work, an example of how the market is adapting to the growing visibility and publicity of tattoos. But there is a cost: most tattooed individuals are not aware of the legal rights others possess, and can assert, against the permanent ink on their own bodies. This is the first paper to discuss the …

Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday

Texas A&M Journal of Property Law

The natural gas industry is central to the United States economy. However, due to vague regulations and judicial leniency, natural gas pipeline companies have almost zero restraint in exercising eminent domain. Their current operations mirror that of the federal government’s authority to exercise immediate possession. Recently, landowners have contested the pipeline industry’s authority to exercise eminent domain, which has developed into a circuit split. The Fourth Circuit, and the six other circuits that have followed suit, hold that pipeline companies have the substantive right to immediate entry and are entitled to a preliminary injunction before a trial on just compensation. …

Houston, We Have A Gentrification Problem: The Gentrification Effects Of Local Environmental Improvement Plans In The City Of Houston, Madeline Marguerite Byers

Texas A&M Journal of Property Law

Local environmental improvement plans are increasingly popular among urban planners. As climate change and environmental justice concerns increase, many communities demand a change in local land use policies that put these concerns at the forefront. One such community is the city of Houston, Texas, which issued several environmental improvement plans in recent years after the devastation of Hurricane Harvey. As used in this Comment, an environmental improvement plan is a local government planning initiative that aims to implement positive environmental change in urban areas historically burdened by environmental hazards. Such neighborhoods are often undeveloped, low-socioeconomic communities blighted by an accumulation …

More Money, More Problems: Ncaa Modernization And Student Athletes' Right To Compensation, Sydney Wood

Texas A&M Journal of Property Law

In 2019, California passed a law that would allow collegiate athletes in California to receive compensation for their name, image, and likeness. Currently, the National Collegiate Athletic Association distinguishes between amateur and professional athletes and does not allow student athletes to receive compensation beyond scholarships. This Comment analyzes noteworthy case law and summarizes the arguments of current and former student athletes over the years. The new California legislation opened the door for substantial change and challenged the NCAA to finally modernize their bylaws and regulations. Furthermore, this Comment recommends that the NCAA adapt the definitions contained in their bylaws to …

Let Them Learn: Recognizing And Codifying A Design-Build Self-Critical Analysis Privilege In Texas, Christian Martinez

Texas A&M Journal of Property Law

Organizations often conduct probing self-studies to review internally existing policies, procedures, and business methods. Yet, despite an increasing social need for these studies, the Texas legislature has yet to construct a privilege designed to protect an organization from being harmed from these studies by adverse litigants. The self-critical analysis privilege, or SCAP, is an alluring, common law doctrine that protects the free flow of information sharing through an organization’s self-assessment. This Comment proposes a model statute for the codification of the SCAP for the consideration of the Texas legislature. This model statute is not a general codification of the privilege. …

Finders Keepers: Who Has Say Over Private Property In Space, Jose A. Martin Del Campo

Texas A&M Journal of Property Law

Current space law is unclear as to whether private entities may claim possession of resources extracted from their endeavors in outer space. The lack of certainty prevents private entities from entirely investing in infrastructure and capabilities to access new deposits of resources due to the depletion of minerals and resources on Earth. The establishment of a new space regime devoid of non-appropriation principles found in international law is necessary to motivate private entities to invest the capital in extracting and transporting space resources back to Earth. This Comment seeks to understand how the current framework of space law impacts the …