There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 381 TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION
381.940 Rules of construction for mineral deeds relating to coal extraction.
Download pdfmineral estates or to grant a mineral estate or to grant a right to extract minerals, which
fails to state or describe in express and specific terms the method of coal extraction to be
employed, or where said instrument contains language subordinating the surface estate to
the mineral estate, it shall be held, in the absence of clear and convincing evidence to the
contrary, that the intention of the parties to the instrument was that the coal be extracted
only by the method or methods of commercial coal extraction commonly known to be in
use in Kentucky in the area affected at the time the instrument was executed, and that the
mineral estate be dominant to the surface estate only for the purposes of coal extraction
by the method or methods of commercial coal extraction commonly known to be in use in
Kentucky in the area affected at the time the instrument was executed. Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 28, sec. 2, effective July 13, 1984.
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