Montana-Alberta transmission line developer wants eminent domain power to overcome landowner’s resistance

Michael Giberson The Montana-Alberta Tie Line, a transmission project linking Alberta and Western U.S. power markets, has stalled over the resistance of one landowner, who has claimed the proposed line would cross wetlands and native American heritage sites on her land. MATL tried exercising eminent domain last July to take the easement it wants, but … More Montana-Alberta transmission line developer wants eminent domain power to overcome landowner’s resistance

Texas water rampage

Michael Giberson Clarity in the law is usually deemed a virtue. Groundwater planning processes implemented in Texas a few years ago have led to a few legal fights and the legislature has taken up groundwater law to help clear up some of the confusion. The conflict has arisen when groundwater management districts issue landowners permits … More Texas water rampage

The struggle to protect property claims in virtual worlds

Michael Giberson The Los Angeles Times has the story: “A real-world battle over virtual-property rights.” Apparently virtual world developer/promoter/host Linden Labs has changed its terms of service for Second Life over time to diminish the central importance of user ownership of virtual property created within the Second Life service. The most recent user agreement reportedly … More The struggle to protect property claims in virtual worlds

Allocating property rights to wind and solar resources

Michael Giberson Troy Rule, a law professor at the University of Missouri, has a pair of articles applying Calabresi and Melamed’s “Cathedral Model” to rights in wind resources and solar resources.  As Rule notes, the law remains unsettled on these resource issues, but the potential for conflict increases as these resources become more frequently exploited.  … More Allocating property rights to wind and solar resources

Endangered species for sale, for their own good and ours

Lynne Kiesling At Aguanomics, David Zetland takes on a topic that I find greatly interesting and important — using private property rights to conserve endangered species, reduce poaching, and enable indigenous communities who live around such animals to thrive without species extinction as a consequence. In fact, one of my first-ever posts back in 2002 … More Endangered species for sale, for their own good and ours

Is “First in Time, First in Right” the best way to allocate rights to wind energy?

Michael Giberson At EnergyPulse, Ron Rebenitsch discusses the unsettled foundation of the wind power industry: uncertain rights to use the energy present in the wind. Currently the industry seems to work on a “capture what you can” model, but the approach has its problems and the problems are likely to become more pronounced as the … More Is “First in Time, First in Right” the best way to allocate rights to wind energy?