Apache said:
I always wondered about that.
Were the directional drilling laws on the books during that time?
I believe trespass has always been on the books. The rule of capture is only balanced with regulations ( ie Railroad Commission, EPA, etc) and the Correlative Rights Doctrine. However none of those allow an intentional trespass.
I think the difficulty back then would have been proving that the slant hole was taking his oil. Also, it's possible that the statute of limitations may have run and not only would Dana have been precluded from suit, he might also lose his minerals under adverse possession (but that's a more difficult analysis).
Space may be the final frontier, but it’s made in a Hollywood basement.