Article Bill of Rights, § 19 — Ex post facto law or law impairing contract forbidden — Rules of construction for mineral deeds relating to coal extraction
This text of Kentucky Const. art. Bill of Rights, § 19 (Ex post facto law or law impairing contract forbidden — Rules of construction for mineral deeds relating to coal extraction) is published on Counsel Stack Legal Research, covering Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Full Text
(1) No ex post facto law, nor any law impairing the obligation of contracts, shall be enacted. (2) In any instrument heretofore or hereafter executed purporting to sever the surface and mineral estates or to grant a mineral estate or to grant a right to extract minerals, which fails to state or describe in express and specific terms the method of coal extraction to be employed, or where said instrument contains language subordinating the surface estate to the mineral estate, it shall be held, in the absence of clear and convincing evidence to the contrary, that the intention of the parties to the instrument was that the coal be extracted only by the method or methods of commercial coal extraction commonly known to be in use in Kentucky in the area affected at the time the instrument was executed, and that the mineral estate be dominant to the surface estate for the purposes of coal extraction by only the method or methods of commercial coal extraction commonly known to be in use in Kentucky in the area affected at the time the instrument was executed.
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Cite This Page — Counsel Stack
Kentucky Const. art. Bill of Rights, § 19, Counsel Stack Legal Research, https://law.counselstack.com/constitution/ky/Bill of Rights/19.