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BAILEY v. K.Y.B.C. LAND CORP.

No. 1999-CA-002996-MR.

39 S.W.3d 29 (2001)

Carl BAILEY, Appellant, v. K.Y.B.C. LAND CORPORATION, Appellee.

Court of Appeals of Kentucky.

February 9, 2001.

Attorney(s) appearing for the Case

John R. McGinnis, McBrayer, McGinnis, Leslie & Kirkland, Greenup, KY, Brief for Appellant.

Michael de Bourbon, Pruitt & de Bourbon Law Firm, Pikeville, KY, Brief for Appellee.

Before DYCHE, HUDDLESTON, and KNOPF, Judges.

OPINION

KNOPF, Judge:

This is an appeal from a judgment of the Pike Circuit Court in a condemnation action which dismissed the claim of the owner of the surface estate to a portion of the proceeds of the condemnation of the mineral estate. We agree with the trial court that the surface owner's right to remove coal for household use does not constitute a limitation on the extent of the mineral estate, and...

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