Recent court decisions

Journal Article · Sat Oct 01 04:00:00 EDT 1988 · Coal; (United States)

OSTI ID:6545108

Aston, R L ^[1]

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1. Aston Mineral Law and Engineering Service, P.O. Box 34, Elberton, GA (US)

This article discusses U.S. Supreme Court decisions for coal mining companies. To control subsidence damage caused by mining operations, various state tax laws are discussed. In its decision, the Supreme Court held that: (1) in letting land for extraction of minerals, the obligation to pay minimum advance royalties does not create an implied duty to mine, (2) during the coal lease term, there was no failure of consideration in the absence of mining, and it was not necessary to imply a covenant to mine. The Court also held that the coal lease, which provided for payment of minimum advance royalties for at least three years should the coal company choose not to actively mine coal from the property, was ambiguous as to its term.

• OSTI ID: 6545108
• Journal Information: Coal; (United States), Journal Name: Coal; (United States) Vol. 25:10; ISSN COALE
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
017000* -- Coal
Lignite
& Peat-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
290200 -- Energy Planning & Policy-- Economics & Sociology
294001 -- Energy Planning & Policy-- Coal
COAL MINING
DECISION MAKING
GROUND SUBSIDENCE
LAND LEASING
LAWS
LEASING
LEGISLATION
MINING
TAX LAWS