A century-old legal rule called the “open fields” doctrine is a constitutional error that weakens every American’s property rights, but disproportionately hurts rural landowners. Reform—whether through the courts or the legislature—is desperately needed to restore our basic right to be left alone.

It is essential for all landowners to work with a land expert in their market to have a thorough understanding of the private property rights.

Until very recently, pore space was hardly considered a property right at all. However, the surge of interest in carbon capture and sequestration (CCS), as well as the need to store salt water produced by the oil and gas industry has made pore space ownership an increasingly popular, yet extremely underdeveloped area of the law.