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Part I. Rights over Natural Resources 1 1. Concepts in Resource Property Rights 3 Introduction: identifying changes in resource property rights 3 The spectrum of official and unofficial suppliers 17 Summarizing and looking forward 48 Part II. Rights over Fugacious Resources 53 2. Fugacious Resources and Common Property 55 Concepts of fluid or fugacious resources 55 Categories of ownership: public, private and common property 56 Understanding the absence or deficiency of rights over fluid and common property resources 57 Tort law and contract law 61 3. Rights over Flowing Water 63 Introduction: changing regimes of water law 63 The twists and turns of water law 67 Conclusion: change and stability in water rights 124 4. Rights over Fisheries and Fish 127 Introduction: from the fishery commons toward property in fish 127 Medieval fishing rights 128 Medieval demand and supply fail to produce exclusivity 139 The nineteenth century and political intervention 145 From public right of fishing to individual licences 158 The 1980s and individual catch quotas 170 Part III. Rights over Mineral Resources 187 5. Mineral Disposal and Mining Rights to 1850 189 Introduction: concepts and regimes in mining rights 189 Original ownership and the state control of mineral rights in Europe and the early Spanish colonies 192 Mineral ownership and disposal in the later colonial era 199 6. Free Mining from Medieval Europe to the Gold Rushes 208 Free mining from the Roman Empire to the Enlightenment 208 Free mining and the demand for information 212 Mining rights in California: 1850 and after 218 Theory of placer mining rights and free mining in the New World 229 Characteristics of camp law during the later part of the California gold rush 240 7. After the Gold Rush: Alluvial and Hard Rock Mining on Public Land in the New World 247 Introduction: adapting placer mining rights to hard-rock mining 247 Transition to deep diggings: deep alluvial mining and industrialization 248 A profile of requirements in the United States, Canada and Australia 258 Characteristics of property rights in the profile of mine disposal law 282 Concluding remarks on mining rights in public lands 285 8. Mineral Disposal and Mining Rights on Private Land 289 Introduction: conflicts and the courts in the development of private mineral rights 289 Private mining, leasing and conflicts 290 Flooding cases and rights 302 Surface rights 318 The characteristics of a property right and the evolution of mining rights on private lands 337 9. Rights over Coal, Oil and Gas 340 Introduction: the energy minerals 340 Coal in the industrial age 341 Petroleum: oil and gas disposal 345 Part IV. Rights over Woods-Based Resources 391 10. Concepts in Forest Property Rights 393 Introduction 393 Timber rights and their characteristics 394 Multiple-use ownerships and the private-public relationship in forestry 397 11. Forestry on Public Lands from the Medieval to the Modern Era 399 Tenure decisions on public lands: the royal forests 399 Naval licences and their survival in the New World 403 The United States and Canada decide against separate forestland sales 408 Private tenures on public lands: pulp leases, concessions and agreements 427 The timber sale: the final tenure on public lands 439 12. Forestry on Private Lands from the Medieval to the Modem Era 448 Private woods and the common law 448 Multi-user, multi-purpose forests 484 Conclusions: the private forest right and its characteristics 494 Bibliography 499 Table of Cases 531 Index 537 537