LORD COKE, THE RESTATEMENT, AND MODERN SUBSURFACE TRESPASS LAW.

The article considers how courts have treated subsurface invasions and stresses the need to revise the Second Restatement of Torts in the U.S., which states that any subsurface intrusion is actionable. It suggests that the American Law Institute (ALI) should adopt a rule preserving a more limited claim for trespass. The author believe that money damages should not be allowed where the harm alleged is the loss of speculative value from a subsurface trespass.