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6 - Commentary on Pierson v. Post

from Part II - Allocation of Rights

Published online by Cambridge University Press:  21 October 2021

Eloisa C. Rodriguez-Dod
Affiliation:
Florida International University College of Law
Elena Maria Marty-Nelson
Affiliation:
Nova Southeastern University Shepard Broad College of Law
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Summary

Pierson v. Post addressed the ownership of a fox where one party began the process of capturing the fox, but encountered another party who interrupted the pursuit and killed the fox.1 The chase occurred on the beach, which the court labeled as a wasteland, meaning that the fox was not considered a part of anyone’s private land claim. The original opinion centers on the process by which a person may acquire a first right of ownership. The parties agreed that ownership of a wild animal results only from establishing occupancy – otherwise known as first possession. The question before the court, then, became what acts properly establish occupancy or possession.

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Publisher: Cambridge University Press
Print publication year: 2021

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