Wild Animals Law

Front 1

To Prove Ownership of wild animals (2 things)

Back 1

1. Possession
2. Intention

Front 2

1. Possession

Back 2

Deprive the animal of its natural liberty, and bring it within claimants certain control.

Front 3

2. Intention

Back 3

To appropriate the animal to individual use

Front 4

Pierson v. Post

Back 4

Chase is not possession.

Front 5

Public Policy for Possession

Back 5

b. Public Policy:
• Minimize Quarrels in litigation.
• Sake of certainty.
o Possession must provide objective evidence of the identity of the animal for which you’re making the claim. Would eventually be able to bring the animal into your control.

Front 6

Public Policy for intention requirement

Back 6

Law doesn’t want to impose rights on anyone who doesn’t consent, it creates legal obligations

Front 7

Ratione Soli:

Back 7

Another way to prove possession, when you don’t own wild animal but its on your land. 1.

1. Trespass
- Unauthorized entry upon the land of another.
- If there are local customs to fish or hunt on private lands, it may be determined there is no trespass. and

2. Intention and possession on the part of the trespasser

- Public Policy: to discourage trespass. It is unfair to allow obtaining property rights while violating others property rights.

Front 8

McKee et al. v. Gratz

Back 8

Mussel Case: Person owned land, but not wild animal. Still on his land though. Government owns and regulates wild animals. Nobody has possession.

Front 9

What is a wild Animal?:

Back 9

There must be a generally shared expectation that this type of animal has no owner

Front 10

When are animal rights defeasible

Back 10

o Lost when they regain natural liberty (Below both factors is majority rule)
1) • Free from artificial restraint and 2) • Returns to natural habitat

Front 11

animum revertendi

Back 11

Animals have a Habit to return. Animal does not regain natural liberty

Front 12

3 issues for wild animals

Back 12

1. Is it a wild animal?
2. Did he/she have Ownership?
3. Did they lose the rights of possession if even had them?

Front 13

Animal rights applied to Natural resources

Back 13

Most of eastern states have embrace the Rule of capture: Nobody own its until its captured. Must deprive it of natural liberty and bring it under control.
Majority Rule Ownership in place: owner of the land, dirt above the oil, becomes owner of the oil.

Front 14

Reasonable use doctrine:

Back 14

an owner may take and use water as long as they do not “reasonably interfere with others rights”. (very vague standard)
• People over time have taken more water than they need. The reasonable use doctrine. Pg. 38.
• 17 states have accepter prior appropriation doctrine.

Front 15

Prior Appropriation Doctrine

Back 15

In dealing with water rights, the prior appropriation doctrine states that water rights are determined by priority of beneficial use. This means that the first person to use water or divert water for a beneficial use or purpose can acquire individual rights to the water.