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BUREAU OF MINES v. GEORGE'S CREEK COAL AND LAND CO.

[No. 261, September Term, 1973.]

272 Md. 143 (1974)

321 A.2d 748

BUREAU OF MINES OF MARYLAND ET AL. v. THE GEORGE'S CREEK COAL AND LAND COMPANY ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed July 31, 1974.

Denied July 31, 1974.

Attorney(s) appearing for the Case

Henry R. Lord, Deputy Attorney General, with whom was Francis B. Burch, Attorney General, on the brief, and Warren K. Rich, Special Assistant Attorney General, for appellants.

William Walsh, with whom were Walsh, Walsh & Reinhart and Stephen R. Pagenhardt on the brief, for appellees.

Amicus Curiae brief filed by Citizens Coalition on Surface Mining and The Maryland Conservation Council, Inc., Thomas B. Eastman on the brief.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES and LEVINE, JJ., and JERROLD V. POWERS and RICHARD P. GILBERT, Associate Judges of the Court of Special Appeals, specially assigned.

MURPHY, C.J., delivered the opinion of the Court.

Whether the State of Maryland, by legislative enactment, has taken private property for public use without the payment of just compensation is the central issue presented by this appeal.

In 1931, George's Creek Coal Company, Inc. conveyed a tract of land located in Garrett County, Maryland, consisting of 8,621 3/4 acres, to T.H. and F.B. McMillen. The deed excepted from its operation and reserved to the grantor...

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