Texas Mineral Rights Blog Notes EAA v Day

 

In a victory for landowners, John McFarland, a lawyer in Austin, Texas, noted the recent Texas Supreme Court case of Edwards Aquifer Authority v Day. The case is well worth reading. Edwards will be the cause of further litigation of water rights, with the potential for further protection for property owners.

Oil and Gas Lawyers Blog

The Texas Supreme Court issued its opinion today in Edwards Aquifer Authority v. Day, more than a year after it was argued and some thirteen years after the controversy began. It has been eagerly awaited as the court's ruling on whether a landowner has a "vested" right in groundwater under his/her land. The Court held that groundwater, like oil and gas, is "an exclusive and private property right ... inhering in virtue of [the landowner's] proprietorship of the land, and of which he may not be deprived without a taking of private property." The case is being heralded by property rights advocates as a victory for private property rights. The court's decision, in an opinion by Justice Nathan Hecht, was unanimous.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.nationaleminentdomain.com/admin/trackback/272787
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.