Question
Study the case Geothermal Kinetics v. Union Oil Co. of California and answer the following questions: 1. Research online for the definition of mineral. Define
Study the case Geothermal Kinetics v. Union Oil Co. of California and answer the following questions:
1. Research online for the definition of mineral. Define it in your own words.
2. The petitioner/appellant (the party who lost at the trial court level) contends that geothermal energy is not mineral because it is heat transported to the surface of the earth by means of steam and that minerals are by definition physical substance, which does not include the property heat. Based on the definition you found, if you were to decide the case by looking at the meaning of the words in the deed, which party would you rule for and why?
3. Respondent contends that the court should adopt a functional approach which focuses upon the purposes and expectations generally attendant to mineral estates and that geothermal resources should follow the mineral estate because the function of owning the mineral estate is to extract valuable resources from the earth, which include geothermal resources. Do you agree with the court in deviating from examining the meaning of the words contained in the deed and adopt the respondents functional approach?
4. What is the definition of property? Research online; find the definition that does not mean the thing one owns, but the quality of something. If the deed expressly states a grant of mineral and its properties, how would you rule if you apply the definition you found?
5. Words in a deed are important. Assume that the deed expressly states a grant of minerals, that Geothermal Kinetics found a magnetic field in a kind of mineral, and that they had invented a way to transport and convert the force field into useful energy. Force fields are intangible like radio wave. Should the force field be included in the scope of the grant of minerals?
Woudl like some good insight and explanations.
Real esate question
Thank you
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