Legal Definitions - capture

The term "capture" in a legal context is most commonly understood through the principle known as the Rule of Capture. This rule dictates that the first person to take possession of a natural resource that is not owned by anyone else becomes its legal owner.

The Rule of Capture primarily applies to resources that are migratory or difficult to contain, such as wild animals, groundwater, and oil and natural gas. The act of "capture" refers to the physical act of taking control or possession of such a resource, thereby establishing ownership.

Here are some examples illustrating the Rule of Capture:

• Wild Animals: Imagine a hunter who legally tracks and shoots a wild deer in a designated hunting area. Before the hunter's action, the deer was considered a "wild animal" (ferae naturae) and belonged to no one. By successfully taking down and securing the deer, the hunter has "captured" it, and under the Rule of Capture, the hunter now legally owns the deer. This principle applies as long as the capture is lawful and the animal is truly wild and unowned.
• Oil and Natural Gas: Consider an energy company that drills a well on its leased property and begins extracting natural gas from an underground reservoir. This reservoir might extend beneath several adjacent properties owned by different individuals. Under the Rule of Capture, the energy company that first brings the gas to the surface and into its possession "captures" it and becomes its owner, even if some of that gas migrated from beneath a neighbor's land. The key is the physical act of extraction and control.
• Groundwater: Historically, and in some jurisdictions still, the Rule of Capture applied to groundwater. For instance, if a homeowner installed a well on their property and began pumping water from an underground aquifer for their household use, they would be "capturing" that water. Even if the aquifer extended under their neighbor's property, the homeowner who first extracted the water for their beneficial use would be considered its owner. Modern water law often involves permits and regulations, but the foundational concept of acquiring ownership through the act of taking possession remains relevant.