ELR Citation: ELR 20007
No(s). 71-1187 (6th Cir. Dec 15, 1971)

Under Kentucky law, whether a deed of mineral rights includes the right to strip mine coal depends upon whether the parties intended the mineral owner's rights to use the surface to be superior to any competing right of the surface owner. A 1919 deed which conveyed mineral rights in language that is more circumspect regarding the surface rights of the mineral grantee than the typical "broad form" deed evidences the parties' intent that the surface owner's rights would be paramount. However, a 1914 deed which grants extensive rights both under and on the surface and specifically allows the surface to be used for mining purposes evidences the intent that the mineral grantee's surface rights awre superior to any competing rights of the surface owner.

Counsel for Plaintiffs
Jarvis, Cornette & Payton
O'Bryan Court Building
118 O'Bryan Street
Greenville, KY 42345

Counsel for Defendants
Overby & Jones
203 South Fifth Street
Murray, KY 42071

Before: CELEBREZZE, PECK, and MILLER, Circuit Judges.