Law review article: Wind as a severable property interest

Interesting article on wind as a property interest in Texas:

The Texas Wind Estate: Wind as a Natural Resource and a Severable Property Interest (University of Michigan Journal of Law Reform, Vol. 44, No. 2, p. 429, 2011 ), by: Alan J. Alexander, University of Michigan Law School

The article states:

[T]o fully utilize [Texas] energy resources, the State needs authority to regulate wind to mitigate wasteful practices, and landowners need a legal property interest in wind that they can market or develop and that courts will recognize and protect.Yet under current law it is unclear whether the State has full regulatory power over wind as a property interest severable from land, and whether wind ownership is incident to land ownership.

Addressing these issues requires resolving at least three legal questions

… whether wind is considered a “natural resource” like oil or groundwater,24 such that the Texas Legislature can pass laws to regulate it under the Texas Constitution.

… whether wind is subject to ownership in Texas.

… whether a landowner’s interest in the wind that flows over his land is severable from the surface estate.

Mr. Alexander 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.

From: SSRN-The Texas Wind Estate: Wind as a Natural Resource and a Severable Property Interest by Alan Alexander.