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2012 SESSION
HB 710 Coal mining; right to use shell, void opened underground, etc., created by removal of coal.
Introduced by: Terry G. Kilgore | all patrons ... notes | add to my profiles | history
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:
Use of mine voids. Establishes the presumption that, unless specified by contract, the owner of the coal mineral estate retains the rights to extract any coal remaining in place and to use an underground void for any activity related to the removal of coal from the subject property or other properties. No injunction shall be allowed to prevent such uses where the void is governed by a mine permit. Where the void is located within a sealed mine for which a mining permit no longer exists, the owner of the coal mineral estate must pay reasonable compensation for the consent of the void's owner, and the void's owner may not unreasonably withhold such consent.
SUMMARY AS INTRODUCED:
Use of mine voids. Provides that any coal remaining and any void left by the removal of coal remain the property of the owner or lessee of the mineral estate.