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Prah v. Maretti
As you read this case, think about whether Prah "captured" the sunshine in the same way that Pierson captured the fox. Was Prah first in time? What argument might Prah have made based on the ownership theories in Pierson v. Post? Why might those arguments be inapplicable?
Prah also argued that the doctrine of prior appropriation might apply. This doctrine is used to allocate water rights in the Western United States. Under the doctrine of prior appropriation, the first person who takes water from a river or other surface water and puts that water to beneficial use acquires a permanent right to that water. Is sunshine like water? Should it be? As New York gears up to implement the Climate Leadership and Community Protection Act, which requires a transition to renewable energy by 2040, questions of who "owns" sunshine are likely to become more pressing. We will come back to this quesiton when we discuss easements toward the end of this class.
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