Geophysical "Trespass" Revisited

Geophysical operations conducted without permission from the "owner" of either occupied or targeted land raises several fundamental issues, including: Will the law recognize and protect the right to explore as a valuable property right? If so, what possible causes of action are available to protect this right? Who owns the right to explore? What if the targeted property is owned in cotenancy or in succession?

What if the mineral ownership has been horizontally divided? What if the mineral ownership is divided by substance? What if the property is subject to an oil and gas lease or other agreement? Can the surface of one tract be used to secure subsurface information from another tract?

These questions are briefly addressed in the following subsections.