University of Oklahoma College of Law, 2009. Anderson, Owen. May 5, 2005, the Corpus Christi Court of Appeals held, inter alia, that hydraulic fracturing ("fracing") across property lines constitues actionable trespass. Although this holding was not unexpected, it nevertheless sent shockwaves through the oil and gas industry. The defendant proptly appealed. The Texas Supreme Court heard oral arguments on September 28, 2006 and decided the case one month short of two years later on August 29, 2008. The court inter aliak, reversed the court of appeals, holding that fracing across property lines does not constitute actionable trespass because any resulting drainage s protected by the rule of capture. The court denied rehearing on November 14, 2008.