Large v. Clinchfield Coal Co.

387 S.E.2d 783, 239 Va. 144, 6 Va. Law Rep. 1099, 1990 Va. LEXIS 11
CourtSupreme Court of Virginia
DecidedJanuary 12, 1990
DocketRecord 881163; Record 890009
StatusPublished
Cited by11 cases

This text of 387 S.E.2d 783 (Large v. Clinchfield Coal Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Large v. Clinchfield Coal Co., 387 S.E.2d 783, 239 Va. 144, 6 Va. Law Rep. 1099, 1990 Va. LEXIS 11 (Va. 1990).

Opinions

JUSTICE WHITING

delivered the opinion of the Court.

In these two appeals, we decide whether the owners of the surface of a tract of real property are entitled to prohibit “longwall” coal mining. This coal mining method involves the removal of all the coal in a seam without leaving any supporting pillars of coal and results in a subsidence in the land surface.

Gerald and Betty Large own 81 acres of unimproved and uninhabited timberland in a mountainous area of Dickenson County. Clinchfield Coal Company (Clinchfield) owns the coal under the [146]*14681 acres as the successor in title to parties who had acquired the coal from the Larges’s predecessors in title by deeds dated February 28, 1887, and March 3, 1887.

On June 10, 1988, alleging that Clinchfield’s longwall mining would cause surface subsidence and consequent damage, the Larges sought a declaratory judgment and injunctive relief prohibiting Clinchfield from mining under their land by that method. Although the trial court found, after hearing evidence, that Clinchfield’s longwall mining would cause a subsidence in the surface, it also found that the evidence did not establish that such mining would damage the surface to “any appreciable degree,” that entry of an injunction would cause great economic loss to Clinchfield and the community, and that the equities favored Clinchfield. Nevertheless, the court entered a temporary injunction order on July 25, 1988, because “balancing of the equities does not come into play due to the nature of the absolute right of subjacent support.”

On July 29, 1988, upon the Larges’s failure to post the bond required for the temporary injunction, the trial court dissolved the injunction and denied their request for a permanent injunction. However, on October 7, 1988, after the parties advised the court that they desired to present no further evidence, the court entered a final decree denying' Clinchfield the right to utilize longwall mining under the Larges’s land. Both parties appeal the findings adverse to them.

Because the evidence of record is sufficient to support the trial court’s finding that there would not be any appreciable damage to the surface resulting from Clinchfield’s longwall mining, we conclude that the trial court erred in prohibiting Clinchfield from utilizing that mining method.

Clinchfield utilizes the longwall mining process under the Larges’s property and a number of properties adjacent to the Larges’s and to one another. In longwall mining, Clinchfield removes all the coal from a seam in panels which are 600 to 700 feet wide and 3,000 to 5,000 feet long. Five such panels will extend across the subsurface of the Larges’s property, under which the coal seams are five feet thick.

By the use of temporary shoring, Clinchfield sustains the mine roof, which enables it to extract all the coal from the seam. As the longwall mining equipment advances through the coal seam, the temporary shoring is removed from the mined area. The first 50-[147]*14775 feet of strata above the mined seam, the immediate roof, then “rubblizes” because of pressure from the strata above, and collapses into the excavated area. The next 50-75 feet of strata above the immediate roof, the intermediate roof, then fractures into large blocks, collapses on the immediate roof, and later reconsolidates under pressure from the main roof. The main roof begins 100 to 150 feet above the coal seam, and extends to the surface of the Larges’s property, varying from 500 to 900 feet above. The main roof flexes or “bows” during the process but does not fracture. Therefore, there are no fractures or cracks in the surface. However, there is uniform subsidence in the form of a swale above the excavated area, with a maximum depth of approximately three feet.

Approximately 90 percent of the subsidence occurs within three months of mining, and the remaining 10 percent may occur within the subsequent year. There will be no damage to the timber or stream on the Larges’s property, nor will the mining cause appreciable damage to a spring on the property.

We have never decided whether a surface owner’s right to subjacent support is violated by mere surface subsidence. We have, however, noted that upon a grant of the subsurface mineral estate, the surface owner retains a right of subjacent support, Stonegap C. Co. v. Hamilton, 119 Va. 271, 289, 89 S.E. 305, 310 (1916),

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Bluebook (online)
387 S.E.2d 783, 239 Va. 144, 6 Va. Law Rep. 1099, 1990 Va. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/large-v-clinchfield-coal-co-va-1990.