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AKERS v. BALDWIN

Nos. 85-SC-392-CL, 85-SC-422-TG.

736 S.W.2d 294 (1987)

Everett AKERS et al., Plaintiffs, v. Charlotte BALDWIN et al., Defendants, and Falcon Coal Company et al., Intervening Complainants. Matthew BAKER et al., Appellants, v. Elizabeth WOOTEN et al., Appellees.

Supreme Court of Kentucky.

As Corrected July 2, 1987.

As Modified on Denial of Rehearing September 24, 1987.

Attorney(s) appearing for the Case

Joe F. Childers, Shepherd & Childers, Lexington, Thomas J. Fitzgerald, Frankfort, David Rubinstein, Prestonsburg, for plaintiffs.

Iris S. Nickell, David J. Obradovich, Mary Katherine Daugherty, Frankfort, for defendants.

John A. Bartlett, Winfrey P. Blackburn, Jr., Stites & Harbison, Louisville, Leon Hollon, Paul R. Collins, Hazard, for appellants.

Joe F. Childers, Shepherd & Childers, Lexington, for appellees.

John S. Palmore, Lexington, Richard W. Iler, Louisville, Richard C. Ward, Lexington, Joseph J. Zaluski, Frankfort, for intervening complainants.

Sidney B. Douglass, Harlan, for amicus curiae: Kentucky Fair Tax Coalition, Inc. & Concerned Citizens of Martin County, Inc.

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 mine3...

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