It was Indiana, Bill, and the case was Marengo Cave vs. Ross.
http://www.casebriefs.com/blog/law/property/property-law-keyed-to-cribbet/un
authorized-possession/marengo-cave-co-v-ross/
And on this timeline go to 1937:
http://www.tiki-toki.com/timeline/embed/33254/3861219897/#vars!date=1806-08-
17_08:23:17!
I actually studied it in a Business Law course in college, and subsequent
to that a friend of mine bought the cave (Gordon Smith).
Bill Steele
In a message dated 12/7/2013 12:48:39 P.M. Central Standard Time,
bmixon...@austin.rr.com writes:
There was a court case in Kentucky many years ago ('30s or '40s)
concerning a show cave that ran under a neighbor's property. In that
case it was determined that the owner of the surface owns to the
center of the earth. (Separation of mineral rights was not a question
in that case.) But that was just a local court in Kentucky and doesn't
have much standing in Texas. There are lots of exceptions to that
principle. For example, your well can suck water out from under a
neighbor's property without permission in Texas. Something closer to
parallel to the disposal-well question in Texas might be the rules
here about oil and gas resources. I don't know details, but I assume a
landowner cannot prevent an oil well on a neighbor's property on the
grounds that it will suck oil out from under his own, but no doubt
there are rules in place to assure he gets a cut. In the case of
disposal wells connected with oil and gas drilling or production,
something similar might be applicable. -- Mixon
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