ELR Citation: ELR 20760
No(s). 44327 (Ohio Ct. C.P. Jun 28, 1974)

The Ohio Strip Mine Act of 1972 is held a valid exercise of the state's constitutionally authorized police power to regulate the methods of mining coal and other minerals. Even though the statute applies only to the stripmining of coal, it rests on a reasonable classification scheme since 77 percent of all stripmining in Ohio is for coal, and such mining presents more serious ecological risks than does stripmining for other minerals. The state's denial of defendant's application for a stripmining permit did not constitute a taking of private property without due process since the defendant has no vested right to continue to use methods of stripmining and reclamation after a valid law has been enacted making them illegal. The court also upholds the statute's bonding requirements, which are conditioned on the estimated cost of reclamation should the applicant default and on the applicant's past performance in meeting his obligations under previous permits. The amount of the bond required in this case is held to constitute neither an abuse of discretion nor a taking. The law does not unconstitutionally impair the defendant's right to contract, and the permit denial was issued within the required period of sixty days after receipt of the application. Defendant is enjoined from further stripmining and from selling coal already stripmined from the location in question until a valid state permit has been obtained.

Counsel for Plaintiff
Jay McKirahan Asst. Attorney General
Building B — Fountain Square
Columbus, OH 43224

Counsel for Defendant
John L. Woodward
Wentz Building
Public Square
Dover, OH 44622