Abstract

The visualization of property and resources is a defining foundation of the construction and application of a property rights framework. When humans encounter resources they cannot see— or hidden resources—, they have difficulties imagining an appropriate property regime. These hidden resources include subsurface resources (oil and gas reservoirs, groundwater, pore space), biological resources (migration paths, plant and animal dormancy cycles), informal and unrecognized land titles, and extraplanetary resources (asteroid mining and water). As a result, we often apply an existing two-dimensional property framework from visible resources to three and four-dimensional hidden resources. This article argues that lacking the ability to see resources—resource blindness—directly impacts our ability to use, manage, and conserve them. Conversely, resource sight—the ability to see resources—can tremendously aid the development of an effective and efficient property rights framework. This article also contends that hidden resources are best governed when owners and users understand the resource’s scientific properties. And those properties are likewise better gathered when the natural resource is visible to the human eye. Finally, if resource sight cannot be acquired, this article proposes avoiding resource conflicts by creating small groups of local and knowledgeable community property owners to advise in the resource’s management and encourage cooperative development.

Highlights

  • In their influential article, Contracting for Control of Landscape-Level Resources, Bradshaw and Lueck caution that though “[l]and itself is managed on a parcel-by-parcel basis ...[,] resources can seldom be effectively managed, exploited, or conserved in the same way.” (Bradshaw and Lueck 2015)

  • Their observation applies to surface natural resources property and ecosystems, and to other forms of property that are hidden from sight or invisible

  • Ehrman: Application of Natural Resources Property Theory to Hidden Resources of the surface property framework and because these hidden properties’ scientific, social, or behavioral characteristics were unknown at the time of the origination and evolution of those property rights

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Summary

Introduction

In their influential article, Contracting for Control of Landscape-Level Resources, Bradshaw and Lueck caution that though “[l]and itself is managed on a parcel-by-parcel basis ...[,] resources can seldom be effectively managed, exploited, or conserved in the same way.” (Bradshaw and Lueck 2015) Their observation applies to surface natural resources property and ecosystems, and to other forms of property that are hidden from sight or invisible. The inability of humans to “see” certain property systems such as subsurface oil and gas reservoirs, porous rock spaces, groundwater, and even aboveground wind and atmosphere—or hidden resources—creates difficulties in the conservation, management, and use of these property systems This lack of resource sight—or resource blindness—causes humans to apply existing (and often ineffective) surface property framework to these hidden resources. I will continue researching other natural resource conflicts and solutions to further develop these concepts in my later work

Natural Resources Property Theory and Hidden Resources
Hidden Resources and The Impact of Resource Blindness
The petroleum example
Lateral Subsurface Resources and Ownership Conflicts
Lateral conflicts in the oil and gas commons
The ad coleum doctrine and the rule of capture
Disconnect between resource and ownership
Potential Subsurface Property Conflict Solutions
The mining district example
Findings
Conclusion
Full Text
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