Ratione soli or is a Latin phrase meaning "according to the soil" or "by reason of the ownership of the soil."[1] In property law, it is a justification for assigning property rights to landowners over resources found on their own land.[2] Traditionally, the doctrine of ratione soli provides landowners "constructive possession of natural resources on, over, and under the surface: cujus est solum, ejus est usque ad coelum ad infernos."[3]
At common law, the right to hunt was restricted to the landowning elite
In ancient Roman law, landowners could only take legal possession of animals by capturing and maintaining physical control over them.[4] English common law originally restricted the right to hunt animals to those who had permission from the Crown, but later laws allowed landowners to hunt animals that entered upon their land through the principle of ratione soli.[5] Over time, this developed into a system of laws where the right to hunt was restricted to nobles and the landowning elite.[6]
Modern usage
The doctrine of ratione soli has survived in many jurisdictions to this day.[7] Likewise, many jurisdictions still recognize the correlative ad coelum doctrine. India, for example, "views groundwater as chattel connected to the land, and allows the landowner ownership rights based on the ad coelum principle."[8] However, some commentators note that some American jurisdictions have rejected the application of ratione soli to the ownership of wild animals because "it smacks of the hunting rights of the English landowning families who used it to make meatless meals for and poachers out of England's yeoman."[9] For example, the Colorado Supreme Court stated in 1981 that "a landowner's property ratione soli is subject to 'lawful regulation.'"[10]
^John R. Nolon, The Law of Sustainable Development: Keeping Pace, 30 Pace L. Rev. 1246, 1298 n.93 (2010).
^W.M. Rockel, Game — Hunting Rights — Poaching, 57 Cent. L. R. 425, 426 (1908).
^John R. Nolon, The Law of Sustainable Development: Keeping Pace, 30 Pace L. Rev. 1246, 1298 (2010).
^J. Inst. 2.1.12 (North-Holland ed., J A C Thomas trans. (1975); see also J. M. Kelley, Implications of A Montana Voter Initiative That Reduces Chronic Wasting Disease Risk, Bans Canned Shooting, & Protects A Public Trust, 6 Great Plains Nat. Resources J. 89, 109 n.21 (2001) (discussing the historical evolution of the doctrine of ratione soli).
^15 Halsbury's Laws of England, Game 2d ed. 406-65 (1931); 1 Halsbury's Laws of England, Animals 2d ed. 529-616 (1931).
^J. M. Kelley, Implications of A Montana Voter Initiative That Reduces Chronic Wasting Disease Risk, Bans Canned Shooting, & Protects A Public Trust, 6 Great Plains Nat. Resources J. 89, 109 n.21 (2001).
^See, e.g., Curran v. Jones, 163 La. 579, 581-82, 112 So. 492, 493 (1927) (recognizing the doctrine of "ratione soli"); State v. Long, 98 Wash. App. 669, 675, 991 P.2d 102, 106 (2000) (holding that a landowner "has a limited right in the wild game on his property to exclude all other persons from his . . . property for the purpose of hunting" (internal citations and quotations omitted)); cf. Pierson v. Post, 3 Cai. R. 175, 2 Am. Dec. 264[1] (N.Y. 1805).
^Daniel Aguilar, Groundwater Reform in India: An Equity & Sustainability Dilemma, 46 Tex. Int'l L.J. 623, 630 (2011) (italics added).
^Burke, Personal Property in a Nutshell (2d ed.) at p. 27.
^Collopy v. Wildlife Comm'n, Dept. of Natural Res., 625 P.2d 994, 999 (Colo. 1981) (italics added).
IUS
This legal article about a Latin phrase is a stub. You can help Wikipedia by expanding it.
ratione, soli, latin, phrase, meaning, according, soil, reason, ownership, soil, property, justification, assigning, property, rights, landowners, over, resources, found, their, land, traditionally, doctrine, ratione, soli, provides, landowners, constructive, . Ratione soli or is a Latin phrase meaning according to the soil or by reason of the ownership of the soil 1 In property law it is a justification for assigning property rights to landowners over resources found on their own land 2 Traditionally the doctrine of ratione soli provides landowners constructive possession of natural resources on over and under the surface cujus est solum ejus est usque ad coelum ad infernos 3 At common law the right to hunt was restricted to the landowning elite Contents 1 Origins 2 Modern usage 3 See also 4 ReferencesOrigins EditIn ancient Roman law landowners could only take legal possession of animals by capturing and maintaining physical control over them 4 English common law originally restricted the right to hunt animals to those who had permission from the Crown but later laws allowed landowners to hunt animals that entered upon their land through the principle of ratione soli 5 Over time this developed into a system of laws where the right to hunt was restricted to nobles and the landowning elite 6 Modern usage EditThe doctrine of ratione soli has survived in many jurisdictions to this day 7 Likewise many jurisdictions still recognize the correlative ad coelum doctrine India for example views groundwater as chattel connected to the land and allows the landowner ownership rights based on the ad coelum principle 8 However some commentators note that some American jurisdictions have rejected the application of ratione soli to the ownership of wild animals because it smacks of the hunting rights of the English landowning families who used it to make meatless meals for and poachers out of England s yeoman 9 For example the Colorado Supreme Court stated in 1981 that a landowner s property ratione soli is subject to lawful regulation 10 See also EditKeeble v Hickeringill Pierson v Post Roman law Rule of capture Territorial principleReferences Edit John R Nolon The Law of Sustainable Development Keeping Pace 30 Pace L Rev 1246 1298 n 93 2010 W M Rockel Game Hunting Rights Poaching 57 Cent L R 425 426 1908 John R Nolon The Law of Sustainable Development Keeping Pace 30 Pace L Rev 1246 1298 2010 J Inst 2 1 12 North Holland ed J A C Thomas trans 1975 see also J M Kelley Implications of A Montana Voter Initiative That Reduces Chronic Wasting Disease Risk Bans Canned Shooting amp Protects A Public Trust 6 Great Plains Nat Resources J 89 109 n 21 2001 discussing the historical evolution of the doctrine of ratione soli 15 Halsbury s Laws of England Game 2d ed 406 65 1931 1 Halsbury s Laws of England Animals 2d ed 529 616 1931 J M Kelley Implications of A Montana Voter Initiative That Reduces Chronic Wasting Disease Risk Bans Canned Shooting amp Protects A Public Trust 6 Great Plains Nat Resources J 89 109 n 21 2001 See e g Curran v Jones 163 La 579 581 82 112 So 492 493 1927 recognizing the doctrine of ratione soli State v Long 98 Wash App 669 675 991 P 2d 102 106 2000 holding that a landowner has a limited right in the wild game on his property to exclude all other persons from his property for the purpose of hunting internal citations and quotations omitted cf Pierson v Post 3 Cai R 175 2 Am Dec 264 1 N Y 1805 Daniel Aguilar Groundwater Reform in India An Equity amp Sustainability Dilemma 46 Tex Int l L J 623 630 2011 italics added Burke Personal Property in a Nutshell 2d ed at p 27 Collopy v Wildlife Comm n Dept of Natural Res 625 P 2d 994 999 Colo 1981 italics added IUSThis legal article about a Latin phrase is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Ratione soli amp oldid 1146611352, wikipedia, wiki, book, books, library,
