Getty Oil Company, Petitioner v. John H. Jones, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals' judgment that Getty Oil Company's use of vertical and lateral surface space for its pumping units was not reasonably necessary and therefore subject to the surface owner's rights. The Court held that the burden of proving lack of reasonable necessity lies with the surface owner and that damages, if any, are limited to the diminution in value of the land's use during the period of interference. A dissent argued that the lease grants Getty absolute rights to the airspace, while a concurrence favored a narrower holding limited to the circumstances at the time the pumps were installed.