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Legislative Clarification Of The Correlative Rights Of Surface And Mineral Owners, J. Stephen Dycus

Vanderbilt Law Review

This Article examines the development of the judge-made doctrine of the dominant mineral owner, then considers the various legislative efforts to restrict or clarify the application of that doctrine. With this background it then proposes a new, more comprehensive statutory solution, which requires a clear expression of understanding about the effect of any mining activity upon the surface of the land. Constitutional implications of the different statutory schemes are identified and briefly discussed at the end of the Article.