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To: CROSSHIGHWAYMAN
It's well-established law that land under navigable waters belongs to the state. However, it's also established law that subsidence caused by unnatural causes (i.e., the pumping out of oil or groundwater) does not transfer title to the property to the state even though the land goes underwater.

I'm involved in a dispute with the state of Texas over just such a situation. Much of my company's land is now underwater and that was caused by water wells drilled in the 1940s. The subsidence is up to nine feet.

At stake is who owns the minerals under a producing gas well, and over a million dollars is in dispute.

9 posted on 06/05/2005 8:50:34 AM PDT by Dog Gone
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To: Dog Gone
It's well-established law that land under navigable waters belongs to the state. However, it's also established law that subsidence caused by unnatural causes (i.e., the pumping out of oil or groundwater) does not transfer title to the property to the state even though the land goes underwater.

I own a shellfish farm, harvesting clams and oysters.

I own most of the bottom, originating from state grants in 1866, and some bottom I lease.

Never thought about mineral rights beneath the clams, however.

10 posted on 06/05/2005 8:56:16 AM PDT by CROSSHIGHWAYMAN (NO PRISONERS!!)
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To: Dog Gone

Good luck. I hope it doesn't cost you more than you can make to get it.


40 posted on 06/05/2005 10:16:14 AM PDT by Nov3 ("This is the best election night in history." --DNC chair Terry McAuliffe Nov. 2,2004 8p.m.)
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To: Dog Gone
I'm involved in a dispute with the state of Texas over just such a situation. Much of my company's land is now underwater and that was caused by water wells drilled in the 1940s. The subsidence is up to nine feet.

At stake is who owns the minerals under a producing gas well, and over a million dollars is in dispute.

This article can't help at all.

The Courts have been a little too 'imaginative' at times on quirky mineral rights, like deciding that they could be adverse possessed, good luck.

SO9

59 posted on 06/06/2005 9:48:07 PM PDT by Servant of the 9 (Trust Me)
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