Accretion and Severed Mineral Estates

Robert L. Kimball
1986 The University of Chicago Law Review  
See how this river comes me cranking in, And cuts me from the best of all my land . William Shakespearet 1 Henry IV, act 3, sc. 1, lines 97-98. ' See Jackson v. Burlington N. Inc., 667 P.2d 406, 408 (Mont. 1983). The Yellowstone is considered a navigable river, thus giving the state title to the riverbed. Id. at 408. 2 See id. at 407. ' See infra notes 16-29 and accompanying text. " See Jackson, 667 P.2d at 407. In 1905 there were only 1.81 acres of land west of the Yellowstone River in the
more » ... ne River in the section disputed in Jackson. By 1975 there were approximately 159 acres of land west of the river in the same section. Id. The dispute in Jackson was not so much over ownership of the 159 acres, but over ownership of the thousands of cubic acres of minerals beneath that land.
doi:10.2307/1599622 fatcat:3qifnci4hfcetg35yyqglxnwdu