Akers v. Baldwin

STEPHENS, Chief Justice.

On this appeal we again consider the legal effect of the so-called “broad form deeds” on the conflicting rights of the owners of the surface to land and the owners of the mineral rights under that land.1

Specifically, we reexamine the doctrine set forth in the seminal case of Buchanan ■v. Watson,2 which allows mineral owners to strip mine 3 with little or no restriction or liability to the owner of the surface, even to the extent of absolute obliteration of the surface and all its appurtenances. We also address the constitutionality of KRS 381.-930 to 381.945 (1984),…