Who Owns the Texas Sky? An Analysis of Wind Rights in Texas

摘要

The law must adapt to new technological developments. Now that wind serves as a significant source of power generation, it must be treated as a valuable economic com- modity, guided by the laws and regulations in place for the mineral estate. The philosophy behind Texas property law, promoting unrestricted ownership of property, freedom of contract, and promoting economically desirable uses of land, accords with severable wind rights. There is a cost to legislative delay in addressing the issue, and in leaving it to be decided by courts. Landowners are currently signing contracts that purport to sever the wind estate, creating arrangements of value to them, but do so against a background of legal uncertainty. A definite legal regime would inform landowners and developers where they stand, and promote further investment in wind power projects. Given the significant economic potential of wind power in Texas, it is in the state's best interest to recognize the severable wind estate, and in doing so trust landowners and developers to drive the economy by striking beneficial bargains.