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49-429: An American creation, the broad form deed did more than just transfer the title of all the mineral rights along with mining rights. The holder was also granted rights to do what they deemed necessary to locate minerals, create any infrastructure needed to amass and relocate the minerals, utilize any resources on the land for mining purpose (like trees or water), and allowed the holder to not be held liable over any damages or

98-566: A vigil at the train station until the train carrying Mayo's body pulled into the terminal. Mayo's body was transported to Mayo Mansion to lie in state. From the announcement of Mayo's death on May 11, until after the funeral, all of the towns businesses and banks were closed. At the time of his death, Mayo was the wealthiest person in the state of Kentucky with US $ 20 million in assets ($ 608 million in 2023 dollars ). Surface Mining Control and Reclamation Act of 1977 The Surface Mining Control and Reclamation Act of 1977 ( SMCRA )

147-495: A broad form deed amendment. The amendment passed with a margin of 4 to 1 and restricted coal companies from strip mining on the split without the permission from the surface owner. In 1993, President Clinton signed an amendment to the Stock Raising Homestead Act , discussing split estates which required companies to do four things: notify the land owners with a written letter of intent before beginning mining, create

196-582: A concern about the environmental effects of strip mining . Coal had been mined in the United States since the 1740s, but surface mining did not become widespread until the 1930s. At the end of that decade, states began to enact the first laws regulating the coal mining industry: West Virginia in 1939, Indiana in 1941, Illinois in 1943, and Pennsylvania in 1945. Despite those laws, the great demand for coal during World War II led to coal being mined with little regard for environmental consequences. After

245-650: A decade after the Kenlick decision was reversed the Kentucky General Assembly responded by creating the Mineral Deed Act of 1984. This act stated that the mineral owner could only operate a mine within the methods that were established at the time the deed was originally signed by the mineral and estate owner; that period of time is referred to as mineral severance. However, later in 1987, the Mineral Deed Act

294-468: A few. As of 2011, some shale gas had been discovered in highly populated areas, therefore creating a higher chance of pollution to the water supply. Safely disposing of large amounts of wastewater from natural gas and oil production is often difficult because it often contains significant amounts of "salinity, toxic metals, and salinity." In a study by the Division of Earth and Ocean Sciences published in 2013,

343-489: A plan that included minimal damages to the land, obtain a letter of consent from the surface owner, and give the land owners a letter promising complete reclamation and compensation. Many court cases between surface and mineral owners have resulted in changes to split estate regulations. For example, in the 1997 court case Gerrity Oil & Gas Corp. vs. Magness, it was ruled that the surface and mineral owners must be in compliance with each other's required use of land when using

392-421: A program, which gives the state the authority to regulate mining operations, if the state demonstrates that it has a law that is at least as strict as SMCRA, and that they have a regulatory agency with the wherewithal to operate the program. Currently, most coal-mining states have approved programs. Those states issue their own permits, inspect their mines, and take enforcement action themselves when necessary. In

441-498: Is now known as Mayo Memorial United Methodist Church , the same church that Mayo had built just across the street from his mansion and to which Andrew Carnegie had donated the pipe organ. The governor of the Commonwealth, James B. McCreary , brought a delegation of state officials to Mayo's funeral. Senator Clarence Wayland Watson and Representative C. Bascom Slemp represented the U.S. Congress . Citizens of Johnson County held

490-689: Is the primary federal law that regulates the environmental effects of coal mining in the United States . SMCRA created two programs: one for regulating active coal mines and a second for reclaiming abandoned mine lands. SMCRA also created the Office of Surface Mining , an agency within the Department of the Interior , to promulgate regulations, to fund state regulatory and reclamation efforts, and to ensure consistency among state regulatory programs. SMCRA grew out of

539-833: The Chicago's World Fair , a wealthy businessman named Peter L. Kimberley purchased $ 10,000 in the company's holdings. This money was used to further expand the land and mineral rights owned by the Paintsville Coal and Mining Company. In 1901, Mayo founded the Northern Coal and Coke Company and transferred his landholdings in Johnson , Floyd , and Lawrence counties in Kentucky into the company. This greatly increased Mayo's wealth as he received $ 250,000 and 25% in company stocks. The Northern Coal and Coke Company controlled 130,000 acres (530 km ) in

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588-638: The Supreme Court of the United States found the SMCRA does not violate the Tenth Amendment to the United States Constitution . Like most environmental statutes passed in the 1960s and 1970s, SMCRA uses a cooperative federalism approach under which states are expected to take the lead in regulation while the federal government oversees their efforts. Under SMCRA, the federal government can approve

637-406: The 1960s as environmentalists and land owners continued to protest the deed. In the 1968 case Martin v. Kentucky Oak Mining Co. , the 1956 Buchanan decision was upheld as the court decided “the mineral owner bought and paid for the right to destroy the surface... to remove the minerals”. In Judge Edward Hill dissenting opinion, he stated that “I am shocked and appalled that the court of last resort in

686-633: The Elkhorn Coal Field when it sold the company sold its land holdings and mineral rights to Consolidation Coal Company in 1909. By 1905, Mayo had amassed enough wealth to build a larger home in Paintsville. He had married Alice Jane Meek and they now had two children, John C.C. 2nd and Mary Margaret. Mayo had originally planned a modest twenty room house, but following trips to the Bluegrass region of Kentucky, and having in 1904 acquired Varina Farms ,

735-503: The Federal Government, a lease agreement is arranged between the land and mineral owners and sometimes a surface use agreement is also created. Resources including oil and shale gas are commonly extracted, but depending on the technology used, come with a high risk of contaminating the surface owner's land. Older oil and gas wells were less complicated than modern mining and fracking methods, used less water, and were not as harmful to

784-474: The Kentucky Wesleyan College library, Mayo was able to determine those who had property over the most promising mineral deposits and started making deals. These options or "agreement to purchase" depended on him gaining the capital to complete purchases within the specified time-frame. Over the years he had successes acquiring land and worked with many coal and steel companies to get the railroads into

833-577: The King retained rights to various minerals on landowners estates for the purposes of maintaining the operations of the country and as such the King had authority to mine for those minerals. This precedence goes back to at least 1567 when the Earl of Northumberland disputed the Queen of England's right to minerals on his estate. Many charters for American colonies included clauses dedicating specified amounts of precious metals to

882-532: The Powhatan Plantation in Mayo's ancestral Virginia, he decided to build a mansion which would rival those he had seen. His plans were expanded for a classic revival mansion with forty rooms. Construction broke ground in a swampy area. The construction crews filled in the swampy area and then went to work on building the foundation for the estate. Sandstone used in the foundation was mined from his father's farm on

931-618: The United States. In response to SMCRA , Tennessee enacted the Tennessee Surface Owner Protection Act in 1977. This act stated that the method used for mineral extraction should be the same methods commonly used at the time of the broad form deed. In 1981, a disagreement between a mining company and local residents in White County, TN was taken to the Tennessee Supreme Court. This case, Doochin v. Rackley

980-481: The age of 22. While attending college, Mayo had realized the potential of coal and other mineral deposits in the Big Sandy Valley. During his teaching tenure, Mayo began to buy land and mineral rights in using his teaching salary. He would in turn sell the land or the rights to the land to eastern iron and coal companies at a considerable profit, while convincing them to invest in exploration and mining of

1029-539: The area so that mining could be profitable. After facing controversy in Virginia over how land was acquired, Mayo crafted the broad form deed so that the companies he worked for more securely held the rights to mine the minerals. As technology progressed during the 1950s, the broad form deed became a controversial issue especially in Kentucky and Tennessee; machines became more advanced and could mine large portions of land. Over

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1078-440: The area went to welcome back "Johnson County's most prominent resident". Unknown to the guests at the reception, Mayo was already suffering from Bright's Disease . It was soon released to the public that Mayo was ill. Originally, the newspapers reported that Mayo had pneumonia and was resting at his mansion. Mayo didn't stay resting for long. A week later, Mayo conducted business as usual, but citizens of Paintsville could tell he

1127-409: The beautiful state of Kentucky would … lend its approval and encouragement to the diabolical devastation and destruction of a large part of the surface … 'without compensation to the owners thereof”. Almost 18 years after the 1956 Buchanan decision the disagreement between the split estate owners continued. Environmentalists and activists continued to push for strong legislation and the abolishment of

1176-452: The broad form deed. State legislators had yet to change or abolish the deed until the 1974 Watson v. Kenlick Coal Co. case. This case ruled that if the mineral owners wanted to mine on the split estate they needed to request permission from the surface owners first. However, only months after the Kenlick decision, in the case Department for Natural Resources and Environment v. No. 8 Ltd it

1225-904: The cleanup of mine lands abandoned before the passage of the statute in 1977. The law was amended in 1990 to allow funds to be spent on the reclamation of mines abandoned after 1977. The fund is financed by a tax of 31.5 cents per ton for surface mined coal, 15 cents per ton for coal mined underground, and 10 cents per ton for lignite . 80% of AML fees are distributed to states with an approved reclamation program (see below) to fund reclamation activities. The remaining 20% are used by OSM to respond to emergencies such as landslides, land subsidence, and fires, and to carry out high priority cleanups in states without approved programs. States with approved programs can also use AML funds to set up programs to insure homeowners against land subsidence caused by underground mining. In Hodel v. Virginia Surface Mining and Reclamation Association , 452 U.S. 264 (1981)

1274-483: The coal industry, increase inflation, and restrict the energy supply. As Jimmy Carter campaigned in Appalachia in 1976, he promised to sign those bills. Congress sent him a bill that was even more stringent than those vetoed by Ford, and President Carter signed it into law on August 3, 1977. The regulation of active mines under SMCRA has five major components: SMCRA created an Abandoned Mine Land (AML) fund to pay for

1323-556: The condition of the land and water during or after mining. Views of land ownership at the time typically considered the owner to own from the center of the Earth to the sky above. The broad form deed altered this view legally which bears the question of what legal precedent was in place that allowed for this severance to occur. The broad form deed is based on the premise of severing the surface and mineral rights of property. The precedence of this idea comes from English legal theory. In this theory

1372-457: The creation of the broad form deed. During the late 1880s in East Tennessee the people that lived in the mountains were reported to be hospitable and open with the mineral buyers and travelers. This shifted to hostility by 1900 as they considered some methods by the companies to acquire land to be deceitful. An example of practices that distanced the locals was that of gaining the land by forcing

1421-470: The crown. After the American Revolution states sought control of mineral rights, however laws regarding control and ownership of mineral rights shifted and changed over time. Pressure for materials to fuel the industrial revolution resulted in development of new applications of estate severance based on the previous concepts; this included the broad form deed. The selling of mineral rights began before

1470-477: The environment because of less waste production. However, shale gas fracking techniques produce wastewater which can be worse for the land above. The wastewater produced from fracking often contains salt, industrial chemicals, hydrocarbons, and radioactive material. The main concerns for the waste produced from shale gas fracking is for the water quality, human health, and the overall quality of life. The waste produced from fracking has affected land and water on

1519-406: The estate in question, often requiring the mineral rights owner to change their plans of use of the surface to "accommodate the surface estate owner." The broad form deed is no longer used today, but many similar agreements were and still are created to separate mineral and surface rights. Today, a split estate occurs when one person or group owns the surface rights and another person or group owns

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1568-528: The house also. Construction of the mansion was completed in December 1912 with costs in excess of $ 250,000 ($ 7.89 million in 2023 dollars ). Mayo Mansion was added to the National Register of Historic Places on May 3, 1974. Mayo was a millionaire by 1910, and he was already exerting political influence. He used portions of his wealth to help elect governors and congressmen. He also contributed heavily to

1617-472: The land to be sold at public auction. They did this by purchasing rights to land from one of several heirs and upon the other heirs refusing to sell using the court system to force the land to be sold. As schoolteacher from rural eastern Kentucky, John CC Mayo managed to accumulate quite a bit of wealth by purchasing mineral rights. He began by entering into a partnership with two other men in 1892 after combining funds. Using deed books and knowledge gained from

1666-411: The mineral rights. Often, in these situations, the right to access the minerals holds precedence over the surface owner's rights. The U.S. Department of the Interior 's Bureau of Land Management has policies for split estates, applying only if the surface rights are privately owned and if the mineral rights are publicly owned and regulated by the Federal Government. If the mineral rights are not managed by

1715-459: The next few decades complaints about the broad form deed inspired state legislators to make changes to protect Kentucky's surface land owners. In the 1956 case of Buchanan v. Watson , the Supreme Court of Kentucky established that damages made by modern mining techniques would not be assessed and granted the removal of all minerals on estates. The controversy of the broad form deed continued into

1764-409: The other side of Paint Creek . The stones were then transported from the farm across a distance of three-quarters of a mile by an overhead tram. The stone columns surrounding the exterior of the mansion were each transported through the creek during dry periods on sleds pulled by twenty-oxen teams. The masonry for the mansion was performed by Italian stonemasons from Cincinnati . Originally, light

1813-512: The presidential campaign of Woodrow Wilson . He is the only eastern Kentuckian to ever be a member of the Democratic National Committee . In 1913, Mayo went on a three-month tour of Europe , including London and other foreign capitals. This tour was a trip of both business and pleasure. On August 20, he returned to Paintsville. An elaborate reception was given by John E. Buckingham, a close friend of Mayo. Citizens from all over

1862-561: The region. Mayo formed a real estate company in 1888 that specialized in acquiring land and mineral rights in Eastern Kentucky and Southwestern Virginia . In 1889, the company became known as the Paintsville Coal and Mining Company. Within two years, the Paintsville Coal and Mining Company owned nearly all of the Elkhorn Creek Coalfield. Mayo's land began to increase in value in 1893. After he displayed coal from his land at

1911-524: The surface. In 2009, seventeen cattle were found dead near a fracking site in Louisiana, resulting in a fine to the company. The conclusion of this case stated that waste had leaked from the mining well and contaminated the pasture. There have been more cases of spilled fracking fluid in 2009 in Hopewell Township and Dunkard Creek Pennsylvania, both resulting in the death of many fish and amphibians, to name

1960-536: The two states without approved programs ( Tennessee and Washington ) and on Indian Reservations , the Office of Surface Mining performs those functions. The federal government is required to regulate surface coal mining on federal lands (which include 60 percent of the coal reserves in the West), but can enter into cooperative agreements with states with approved programs. Many states do not require large mining companies to post

2009-747: The war, states continued to enact and expand regulatory programs, some of which required mining permits or the posting of bonds to ensure that the land could be reclaimed after mining was complete. But these state laws were largely unsuccessful at stemming the environmental impacts of surface mining. One problem was that the law varied from state to state, enabling mining operations to relocate to states where regulations were less strict. Meanwhile, surface mining became increasingly common: in 1963 just 33 percent of American coal came from surface mines; by 1973 that figure reached 60 percent. In 1974 and 1975 Congress sent mining regulation bills to President Gerald Ford , but he vetoed them out of concern that they would harm

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2058-528: The water quality of surface waters near a wastewater treatment plant in Pennsylvania was tested. The plant, along with others, sometimes would treat oil and gas wastewater at brine treatment facilities and releasing it into nearby streams. The water tested was shown to contain high levels of "chloride and bromide, strontium, radium, oxygen, and hydrogen isotopic compositions." John C. C. Mayo John Caldwell Calhoun Mayo (September 16, 1864 – May 11, 1914)

2107-886: Was an American entrepreneur, educator, and politician. He is known for attracting corporate interest in the coal deposits of Eastern Kentucky and Southwestern Virginia , leading to the development of commercial coal mining in the region. The creation of the broad form deed is also attributed to Mayo in the early 1900s. Mayo was born in Gulnare, Kentucky to Thomas Jefferson Mayo and Mary E. Leslie Mayo. His family moved to Johnson County, Kentucky in 1870 from Pike County, Kentucky where they established their home in Paintsville . Mayo attended subscription schools until he enrolled to Kentucky Wesleyan College in Millersburg . He graduated class of 1879 and began teaching school in Paintsville at

2156-582: Was decided that the Kenlick decision was unconstitutional. The legislators found that police powers to invade a citizen's private home did not extend unless the situation threatened the land owner's welfare and health. By 1976, the federal government was working on legislation that would place restrictions on strip mining. After decades of disagreement, the federal government signed the Surface Mining Control and Reclamation Act (SMCRA) in 1977, which placed restrictions on coal mining and strip mining in

2205-639: Was finally moved to the Waldorf Astoria in New York City where another group of specialists were in wait to care for him. On May 9, it was announced that Mayo had developed peritonitis . He died two days later, on May 11, 1914, at the Waldorf Astoria, which is now the site of the Empire State Building . Nearly 5,000 people attended his funeral on May 14, 1914. Funeral services were held at what

2254-533: Was overturned by the case Akers v. Baldwin . In Akers v. Baldwin it was ruled that the Mineral Deed Act was unconstitutional because it violated the separation of powers and it “disturbed the Buchanan decision”. In the courts opinion, there may have been a “legitimate public purpose that motivated the passage of this legislation". A year after the Mineral Deed Act was overturned the citizens of Kentucky voted for

2303-595: Was seriously ill. Specialists were soon called in from Cincinnati . Mayo had been experiencing periods of unconsciousness according to reports. Bright's Disease had attacked the function of the liver, but news reports were still hopeful for a quick recovery. On March 1, 1914, Mayo was taken by special train to the Jewish Hospital in Cincinnati, where an entire floor was occupied. Bulletins were issued almost daily on Mayo's condition, often conflicting. In late April, Mayo

2352-527: Was the result of a mine company's effort to strip mine local lands that were home to local citizens. The court ruled in favor of the defendants because strip mining was not specifically allowed in deed. In contrast to the decision made in the No. 8 LTD (1975) case, the United States Supreme Court found that strip mining was unhealthy for the environment and therefore posed a threat to human life. Almost

2401-399: Was to be provided in the mansion by using carbide gas, but near the end of construction, Paintsville received electrical service. The plans for the mansion were changed to include electrical wiring. The mansion was also designed to include running water, by pumping water from a well to a cistern and then to the house as required. Rain water from the gutters went into the cistern and in turn to

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