The Texas Wind Estate: Wind as a Natural Resource and a Severable Property Interest
Alan J. Alexander
University of Michigan Law School
February 16, 2011
University of Michigan Journal of Law Reform, Vol. 44, No. 2, p. 429, 2011
In 2011, Texas is again at the forefront of an energy boom: the wind energy boom. In 2006, Texas surpassed California and became the U.S. state with the most installed capacity to produce wind energy, and Texas’ level of installed capacity has continued to grow. But the law has not kept pace with this growth. Similar to the initial growth of the oil and gas industry in Texas, the wind energy industry was also born, and continues to grow, in the absence of clear legal and regulatory standards. Lack of regulation in the early development of the oil industry contributed to oversupply and rampant waste of oil. Similarly, lack of regulation of the developing wind energy industry could lead to wasteful practices regarding wind energy development. This Note argues that the Texas Legislature should pass laws clarifying that wind is a natural resource under the Texas Constitution, and that to promote “[t]he conservation and development” of wind as a natural resource, the Legislature should statutorily recognize wind rights as an interest severable from land ownership.
Number of Pages in PDF File: 37
Keywords: wind, wind energy, Texas, natural resource, severance, severability, property, ownership, interest, regulation, energy, oil and gas
JEL Classification: K10, K11, K19, K32, Q15, Q24, Q25, Q40, Q41, Q42, Q43, Q48Accepted Paper Series
Date posted: April 5, 2010 ; Last revised: February 19, 2011
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