Bailey v. K.Y.B.C. Land Corp.

OPINION

KNOPF, Judge:

This is an appeal from a judgment of the Pike Circuit Court in a condemnation action which dismissed the claim of the owner of the surface estate to a portion of the *30proceeds of the condemnation of the mineral estate. We agree with the trial court that the surface owner’s right to remove coal for household use does not constitute a limitation on the extent of the mineral estate, and is not compensable in this proceeding.

The underlying facts of this action are not in dispute. On April 20, 1993, the Commonwealth of Kentucky, Transportation Cabinet, Department of Highways…