Sins of the Father

作者: K.K. K.K. DuVivier

DOI: 10.37419/JPL.V1.I3.3

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摘要: Are the sins of previous generations energy development, such as with oil and gas, being visited on newest forms energy? That is question this article attempts to address. Specifically, will focus problems created by severance mineral estate from surface related dominant mineral–servient doctrine.Hydrofracturing or “fracking” for natural gas has placed split estates in spotlight more than they been generations. People have shocked find drill rigs their backyards, school playgrounds, parks. They even appalled learn that law evolved over time hold they, owners, little no control choices holders estate. The ensuing outrage may ultimately change current balances law; fracking moratoriums, bans, lawsuits slowed fossil fuel development somewhat. However, unintended casualty fray be renewable energy. Fossil interests are entrenched well-funded, so state legislators would difficulty turning back clock ownership rights fuels. furor against severance, found it easier unestablished resources enact bans severance. While banning wind good many reasons, becomes problematic if also relegated a servient position relation development. This additional handicap make difficult these new, fledgling sources gain toehold survive competitive markets.This first provide some general background about doctrine dominant–servient estates. Next, address specifically. Third, track parallels distinctions between history set out Section II. Finally. IV responses

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