accretion doctrine (Texas) · Go Syfert
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accretion doctrine in Texas

10 Texas opinions name it 2 courts 1989–2002 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ely v. Brileygreen
texapp · 1998 · cited in 6 Texas opinions naming this issue, 1999–2002
2 sentences

2002In an action between private parties to determine whether a constructively severed mineral interest is subject to the doctrine of accretion, in Ely v. Briley, 959 S.W.2d 723 (Tex.App.--Austin 1998, no pet.) the court held that because a "trespass to try title action" was the exclusive remedy to resolve conflicting claims to property, the declaratory judgment rules were not applicable.

2002In an action between private parties to determine whether a constructively severed mineral interest is subject to the doctrine of accretion, in Ely v. Briley, 959 S.W.2d 723 (Tex.App.--Austin 1998, no pet.) the court held that because a “trespass to try title action” was the exclusive remedy to resolve conflicting claims to property, the declaratory judgment rules were not applicable.

26
Fulton v. Frandoliggreen
tex · 1885 · cited in 2 Texas opinions naming this issue, 1999–1999
2 sentences

1999Id. at 330-332.

1999Id. at 330-332 .

12
Humble Oil & Refining Co. v. Sun Oil Companygreen
ca5 · 1951 · cited in 2 Texas opinions naming this issue, 1989–1989
2 sentences

1989Co. v. Sun Oil Co., 190 F.2d 191 , 196 (5th Cir.), reh'g denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State v. Balli, 190 S.W.2d 71 (Tex. 1944) "by the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

1989Co. v. Sun Oil Co., 190 F.2d 191, 196 (5th Cir.), reh's denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State, 190 S.W.2d 71 (Tex. 1944) 'Iby the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

12
City of Corpus Christi v. Davisgreen
texapp · 1981 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999See City of Corpus Christi v. Davis, 622 S.W.2d 640, 646 (Tex. App. C Corpus Christi 1981, writ ref = d n.r.e.). [2] Texas recognizes the doctrine of accretion, under which the owner of riparian land gains title to land that accretes to his or her property by natural and imperceptible deposit.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Texas Natural Resource Conservation Commission v. IT-Davy green
tex · 2002
2 sentences

2002Even if declaratory relief is available in an action between private parties, IT-Davy demonstrates that legislative consent is essential to the action for declaratory judgment when the State is a party. 74 S.W.3d at 855 .

2002Even if declaratory relief is available in an action between private parties, IT-Davy demonstrates that legislative consent is essential to the action for declaratory judgment when the State is a party. 74 S.W.3d at 855 .

42002–2002
Nilsen v. Tenneco Oil Co. green
okla · 1980
2 sentences

1998In Nilsen v. Tenneco, 614 P.2d 36 (Okla.1980), and Jackson v. Burlington Northern, 205 Mont. 200 , 667 P.2d 406 (1983), the highest courts of two sister states also resolved this issue in the affirmative.

1998In Nilsen v. Tenneco , 614 P.2d 36 (Okla. 1980), and Jackson v. Burlington Northern , 667 P.2d 406 (Montana 1983), the highest courts of two sister states also resolved this issue in the affirmative. , complain that the trial court abused its discretion by requiring each party to pay its own attorney's fees.

21998–1998
Jackson v. Burlington Northern Inc. green
mont · 1983
2 sentences

1998In Nilsen v. Tenneco, 614 P.2d 36 (Okla.1980), and Jackson v. Burlington Northern, 205 Mont. 200 , 667 P.2d 406 (1983), the highest courts of two sister states also resolved this issue in the affirmative.

1998In Nilsen v. Tenneco , 614 P.2d 36 (Okla. 1980), and Jackson v. Burlington Northern , 667 P.2d 406 (Montana 1983), the highest courts of two sister states also resolved this issue in the affirmative. , complain that the trial court abused its discretion by requiring each party to pay its own attorney's fees.

21998–1998
Humble Oil & Refining Co. v. Sun Oil Co. green
ca5 · 1951
2 sentences

1989Co. v. Sun Oil Co., 190 F.2d 191 , 196 (5th Cir.), reh'g denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State v. Balli, 190 S.W.2d 71 (Tex. 1944) "by the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

1989Co. v. Sun Oil Co., 190 F.2d 191, 196 (5th Cir.), reh's denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State, 190 S.W.2d 71 (Tex. 1944) 'Iby the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

21989–1989
United States v. Coplon green
scotus · 1952
2 sentences

1989Co. v. Sun Oil Co., 190 F.2d 191 , 196 (5th Cir.), reh'g denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State v. Balli, 190 S.W.2d 71 (Tex. 1944) "by the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

1989Co. v. Sun Oil Co., 190 F.2d 191, 196 (5th Cir.), reh's denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State, 190 S.W.2d 71 (Tex. 1944) 'Iby the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

21989–1989
State of Texas v. Balli green
tex · 1944
2 sentences

1989Co. v. Sun Oil Co., 190 F.2d 191 , 196 (5th Cir.), reh'g denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State v. Balli, 190 S.W.2d 71 (Tex. 1944) "by the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

1989Co. v. Sun Oil Co., 190 F.2d 191, 196 (5th Cir.), reh's denied, 191 F.2d 705 (5th Cir. 1951), cert. denied, 342 U.S. 920 (1952) (citing State, 190 S.W.2d 71 (Tex. 1944) 'Iby the doctrine of accretion, any new alluvion that forms above the tide-line becomes a part of the contiguous upland estate").

21989–1989

Where else courts name it

TX 10 (1989–2002) FL 5 (1927–2008) OR 4 (1975–2014) LA 3 (1914–1986) IA 3 (1952–1984) MT 2 (1983–1992) IN 2 (1992–2018) RI 2 (1994–1994) ME 2 (1989–2011) WI 2 (1977–1981) CA 2 (1995–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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