This land is your land,maybe: A historical institutionalist analysis for contextualizing split estate conflicts in U.S. unconventional oil and gas development |
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| Institution: | 1. Department of Sociology, Colorado State University, Clark B-233, Fort Collins, CO 80526, USA;2. Department of Sociology, Colorado State University, Clark B-240, Fort Collins, CO 80526, USA;1. Water Systems and Global Change Group, Wageningen University and Research Centre, P.O. Box 47, 6700 AA Wageningen, The Netherlands;2. Deltares, P.O. Box 177, 2600 MH Delft, The Netherlands;1. Área de la Cadena Agroalimentaria, Grupo Agroecosost, IFAPA, Camino de Purchil s/n, Granada, Spain;2. Área de la Cadena Agroalimentaria, IFAPA, Carretera Bailén-Motril, Mengibar, Jaén, Spain;1. School of Resource and Environmental Sciences, Wuhan University, Wuhan, 430079, China;2. Key Laboratory of Geographic Information System, Ministry of Education, Wuhan University, Wuhan, 430079, China;3. Collaborative Innovation Center for Geospatial Information Science, Wuhan University, Wuhan, 430079, China;4. Department of Urban Planning and Design, The University of Hong Kong, Hong Kong;1. Department of Wildlife and Fisheries Sciences, Texas A&M University, 210 Nagle Hall, College Station, TX, 77843, USA;2. LiDAR Applications for the Study of Ecosystems with Remote Sensing (LASERS) Laboratory, Department of Ecosystem Science and Management, Texas A&M University,1500 Research Parkway Building B, Suite 217, College Station, TX, 77843, USA;3. Department of Ecosystem Science and Management, Texas A&M University,Horticulture/Forest Science Building, 495 Horticulture St, College Station, TX, 77843, USA;4. Departamento de Geografía, Universidad Nacional de Costa Rica, Naranjo, Costa Rica;5. Department of Wildlife and Fisheries Sciences, Texas A&M University, 210 Nagle Hall, College Station, TX, 77843, USA |
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| Abstract: | In the 21st century, the U.S. has experienced a boom in unconventional oil and gas development (UOGD). In part due to advances in technology, this rapid increase in UOGD has moved extraction practices into geographic areas that have previously seen little or no oil and gas development. As a result, conflicts over property rights have erupted—particularly in relation to split estate situations. To understand this controversy, we must situate it in the conditions which have shaped land use and mineral rights. We argue that past federal and state level governance decisions have created the conditions for UOGD conflicts today. Here, we utilize historical institutionalism (HI) to review the historical actors, processes, and institutions that have shaped how mineral rights have developed in the context of split estates in the U.S. We suggest that tracing this legislative and judicial history through HI is an essential foundation for exploring issues related to UOGD. Most importantly, we highlight these processes of governance as a bedrock for understanding spatial inequality inherent in current split estate law that grants the mineral estate dominance over the surface estate. We suggest that this codification of spatial inequality is problematic both in and beyond the context of split estates in UOGD. |
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| Keywords: | Split estate Mineral rights Historical institutionalism Federal land use policy Land use governance Spatial inequality Unconventional oil and gas development |
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