Coal: Strip Mining Mineral Deeds: 'All Coal;' Strip Muung Not Authorized Limitations of Action: Dormant Minerals Act

摘要

A 1903 deed of mineral severance conveys "all of the coals, clays, minerals and mineral substances" from the "subject lands" that comprises three (3) tracts, comprising 62 acres. The grantors, the predecessors-in-interest of the defendant surface owners, are Ella Roach, et ux., and the grantee, the predecessor-in-interest to the plaintiffs, the mining companies, is Pan Con Coal Co. The granting clause of the deed contains the following language: 'together with the right to mine and remove said coals, minerals and mineral substances without further payment of any nature whatsoever. It is mutually agreed and understood that said Pan Con Coal Co., it's successors and assigns, is not to be held to any responsibility or accountability for any damages near or or remote or consequences occasioned by mining or removing said coals, clays, minerals or mineral substances not to exceed 5 acres. It is further understood and agreed that grantors herein will at any time hereafter upon demand and payment thereof at rate of $30 per acre convey to grantee, its successors or assigns without further payments than above set out such portion of surface of said Real Estate as may be necessary for location of coal mines, tracks, tipples, railroads, to carry on the business of mining and transporting said coals.