Buffalo Mining Co. v. Martin

Miller, Justice:

James and Toni Martin, surface owners of property situated in Wayne County, appeal a judgment of the Circuit Court of Wayne County permitting Buffalo Mining Company [Buffalo], lessee of coal beneath the Martins’ land, to construct an electric transmission line on the surface. The central issue is whether Buffalo had the authority under its mining rights to construct the power line. For the reasons set forth, we affirm the judgment.

Buffalo acquired its mining rights in a coal lease in 1969 from Wayne County Land and Mineral Company, which obtained the coal and other mineral…