Subsidence: an emerging area of the law

Journal Article · Thu Jan 01 04:00:00 EST 1981 · Public Land Resour. Law Dig.; (United States)

OSTI ID:5623532

Morris, J

This Note surveys various legal theories courts could employ to compensate property owners injured by subsidence caused by groundwater pumping. Many courts have clouded the subsidence issue by applying water law to determine liability. Dissatisfied with the results of applying water law to subsidence, the Texas Supreme Court held, in the landmark Friendswood decision, that negligence would be a cause of action to redress future subsidence. The best theory of liability for subsidence damage, however, is loss of subjacent support. The prevailing rule under the law of support is that the defendant is strictly liable for damage resulting from withdrawal of support. The Restatement and several cases have finally recognized that there is no valid distinction between withdrawal of solid and fluid substances for purposes of imposing strict liability under subjacent support principles. Since subsidence may result from groundwater pumping even in the absence of negligence, strict liability is superior to a negligence theory. Unlike any water law theory, the law of support recognizes that the injury is to rights in land rather than to water rights. Until legislatures respond to the problem, adherence to the law of subjacent support is the best approach to internalizing the costs of subsidence.

• OSTI ID: 5623532
• Journal Information: Public Land Resour. Law Dig.; (United States), Journal Name: Public Land Resour. Law Dig.; (United States) Vol. 18:2; ISSN PRLDD
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
510500 -- Environment
Terrestrial-- Site Resource & Use Studies-- (-1989)
520500 -- Environment
Aquatic-- Site Resource & Use Studies-- (-1989)
54 ENVIRONMENTAL SCIENCES
CIVIL LIABILITY
GROUND SUBSIDENCE
GROUND WATER
HYDROGEN COMPOUNDS
LAWSUITS
LEGAL ASPECTS
LIABILITIES
OXYGEN COMPOUNDS
WATER