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United States of America vs Union Oil Company of California. U. S. District Court, N. D. California Civ. No. 72-1866 GBH. [Ownership rights of geothermal steam and resources for public land leases; Stock Raising Homestead Act]

Journal Article · · Fed. Suppl.; (United States)
OSTI ID:5322239

The United States filed suit seeking a declaration of its ownership rights in the geothermal steam and associated geothermal resources being produced by certain defendants under leases from other defendants. The United States also sought injunctive relief and damages. On a defense motion to dismiss for failure to state a claim upon which relief could be granted, and on a countermotion of the United States for summary judgment, the District Court, George B. Harris, Senior Judge, held that (1) what passed under a Stock Raising Homestead Act patent was fee title, not just the surface estate with a reservation of the subsurface, and (2) the Act's reservation of ''coal and other minerals'' to the United States did not include a reservation of geothermal steam and associated geothermal resources, since they are not ''minerals'' within the meaning of the reservation of the Act and the patents granted thereunder.

OSTI ID:
5322239
Journal Information:
Fed. Suppl.; (United States), Journal Name: Fed. Suppl.; (United States) Vol. 369
Country of Publication:
United States
Language:
English