In any deed in which the minerals are severed from the surface, the present owners of the surface rights may enter into a written agreement directing how the surface shall be reclaimed, and how the property shall be left after the extraction of the minerals, and in compliance with federal and state rules and regulations.
KRS 381.945
Written agreement in deed directing how surface to be reclaimed
Applied in 2 court decisions — leading case 182 W. Va. 506 - Russell v. Island Creek Coal Co. (1989)
Most recently applied in Karst-Robbins Coal Co. v. Arch of Kentucky, Inc. (November 1997)
Effective: July 13, 1984 History: Created 1984 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.