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· 2/24/2012

The Edwards Aquifer Authority and the State of Texas v. Burrell Day and Joel McDaniel

Citations

  • 369 S.W.3d 814
  • 42 Envtl. L. Rep. (Envtl. Law Inst.) 20052
  • 178 Oil & Gas Rep. 817
  • 55 Tex. Sup. Ct. J. 343
  • 2012 WL 592729
  • 2012 Tex. LEXIS 161

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that these guarantees are generally construed the same
  • instructing Texas courts to look to federal jurisprudence for takings analysis
  • “[A] landowner has a right to exclude others from groundwater beneath his property, but one that cannot be used to prevent ordinary drainage.”
  • “Today we have decided that landowners do have a constitutionally compensable interest in groundwater . . . .”
  • employing the term “subsurface reservoir” in reference to Edwards Aquifer
  • discussing similarities and differences regarding ownership of each substance

Source: CourtListener parenthetical corpus (CC0).

Judges: Hecht

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.