RULES
ACQUISITION by DISCOVERY
1. Discovery of US gave title to government.
2. Need prior possession (Natives did not have this).
3. Ways to establish prior possession: build permanent structures, cultivate land, take possession of tracts of land; can’t just be hunters moving around. OR
4. Title by conquest
· Johnson v. McIntosh
ACQUISITION by CAPTURE
1. Actual Capture of wild animals
2. Mere pursuit not enough.
3. Mortally wounded or trapped treated as captured (hunter took away liberty)
· Pierson v. Post
Interference by non-competitor:
1. Person who does not want to capture cannot interfere.
· Keeble v. Hickeringill
Custom:
1. Gen
eturn home to graze; Cannot be captured by another; However;
W/o revertendi & escape free to public.
Oil/Gas Rights:
1. Some courts treat same as wild animals; see gas/oil as fugitive resources.
ACQUISITION by CREATION
News:
1. News of current events in gen. common property w/in public
2. Between similar businesses: Quasi-property right.
3. Survives first publication against competitor
4. Cannot reap what you have not sown.
· INS v. Associated Press
