Akers v. Baldwin

I would uphold the constitutionality of KRS 381.930.945 and overrule this Court’s decision in Buchanan v. Watson, Ky., 290 S.W.2d 40 (1956). I take this position because of my conviction that at the time the instruments were executed the parties to the so-called “broad form deed” did not contemplate strip mining or any significant damage to the surface of the land.

The typical broad form deed contains extremely broad language in favor of the grantee. Nowhere in the instrument, however, is the mining method identified, and the timber is reserved to the surface owner as is the right to freely…