Abandonment and forfeiture of coal leases in Kentucky
Journal Article
·
· Ky. Law J.; (United States)
OSTI ID:6956473
Kentucky courts often treat abandonment and forfeiture of coal leases as synonymous, using the rule that abandonment consists of two elements: (1) a voluntary relinquishment of possession and (2) intent to repudiate ownership. A review of several court cases concludes that the difficulty of proving intention severely limits the lessor's ability to have a lease cancelled due to abandonment. The Kentucky Supreme Court has not held any coal lease to have been abadnoned since 1949. Cancellation due to forfeiture is the lessor's better means of ensuring diligent and capable development of his property, but a court will not decree a forfeiture unless the lease contains a forfeiture clause. 100 references.
- OSTI ID:
- 6956473
- Journal Information:
- Ky. Law J.; (United States), Vol. 71:1
- Country of Publication:
- United States
- Language:
- English
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