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In West Virginia, the main uses for reclaimed mining sites are recreational, farming, and military training. One such farming use is the growing of lavender . There are many different types of lavender but surprisingly, they all thrive in the dry rocky soil that surface mining leaves behind.
When mineral rights have been severed from the surface rights (or property rights), it is referred to as a "split estate." In a split estate, the owner of the mineral rights has the right to develop those minerals, regardless of who owns the surface rights. This is because in United States law, mineral rights trump surface rights. [5]
25th Anniversary of the Surface Mining Law: A report on the protection and restoration of the nation's land and water resources under the Surface Mining Law, Office of Surface Mining, 2003. Available at OSM website. Green, Edward. State and Federal Roles Under the Surface Mining Control and Reclamation Act of 1977, 21 S. Ill. U. L.J. 531 (1997)
The broad form deed is based on the premise of severing the surface and mineral rights of property. The precedence of this idea comes from English legal theory. [2] In this theory the King retained rights to various minerals on landowners estates for the purposes of maintaining the operations of the country and as such the King had authority to mine for those minerals. [2]
On June 1, 2011, shareholders of Alpha Natural Resources agreed to buy Massey Energy for $7.1 billion, making it the nation's largest metallurgical coal company. Some shareholder groups had tried to block the sale claiming that Massey managers had engineered the sale of the company to protect themselves from liabilities and had arranged new management jobs with Alpha.
The Hobet 21 Coal Mine site is currently defunct and in 2016, former West Virginia Governor Earl Ray Tomblin proposed developing the environmentally degraded former coal field. [1] This residential, industrial and commercial development plan is intended to offset the economic impacts from the declining coal industry, but has been called "a long ...
In the United States, oil and gas rights to a particular parcel may be owned by private individuals, corporations, Indian tribes, or by local, state, or federal governments. Oil and gas rights extend vertically downward from the property line. Unless explicitly separated by a deed, oil and gas rights are owned by the surface landowner.
In most states, they are not legally required to disclose this, and many of the home buyers are unaware they do not own the mineral rights. [82] Under split estate law, the surface owner must allow the mineral rights owner reasonable access. Protections for the surface owner vary; in some states an agreement is required that compensates them ...