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CHAPTER X.

SPECIAL TOPICS IN MINING LAW.

SECTION 34. EMINENT DOMAIN.

The government has the right to take mining property, as much as any other species of property by the right of eminent domain.

It has been held in some cases that mine owners may exercise the right of eminent domain for the

purpose of taking property necessary for the development of their mines.?

SECTION 35. RESPECTIVE RIGHTS OF THE PARTIES WHEN SURFACE AND MINERAL ESTATES

ARE SEVERED.

The ownership of the minerals may be vested in one, while the ownership of the surface is in another. This severance is often created by deed, in which case it amounts practically to a partition on a horizontal plane, the two estates being entirely separated, except that from the nature of the case, the surface owner can usually claim such incidental use of the surface as is necessary to enable him to mine the minerals.

When minerals are so severed they form a separate part of the free hold and the estate is not a mere easement. Whether the right of entry on surface can be enlarged so as to allow the erection of coke ovens and its use for powder house, blacksmith shop and supply stores depends upon the circumstances of the case as found by the jury. • Williams vs. Gibson, 16 M. R., 243; 4 So., 350.

1 Titcomb vs. Kirk, 51 Colo., 288.
3 Bliss vs. Kingdom, 46 Cal., 651.
3 Caldwell vs. Fulton, 3 M. R., 238,

31 Pa., 475; Horner vs. Watson,
14 M. R., 1; 79 Pa., 242; Mar-

vin vs. Brewster Co., 13 M. E.,

40, 55 N. Y., 538. • Bonson vs. Jones, 56 N. W., 515; Plummer vs. Hillside Co., 104

208.

F.,

QUESTIONS.

REAL PROPERTY.

CHAPTER I.

Page 11. 1. What is included under the term Real Property?

Pages 12-18. 1. Give an account of the Feudal System.

Pages 19-22. 1. Describe livery of seisin.

Pages 23-25. 1. Who was Littleton?

Page 26. 1. Who was Sir Edward Coke?

Page 27. 1. Define ownership.

Page 28. 1. Define possession. 2. Define enjoyment.

Page 29. 1. What is included under the term "land"?

Page 30. 1. What is included under the term "tenements"?

Page 31. 1. What is included under the term “hereditaments? 2. What are incorporeal hereditaments?

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Page 34. 1. Distinguish between estates and titles.

CHAPTER II.

Page 35. 1. How are estates classified as to their quantity? 2. What is a freehold?

Pages 36-37. 1. What is an estate in fee-simple?

Pages 38-44. 1. What is an estate in fee-tail?

Page 45. 1. How are life estates classified?

Page 46. 1. What are the conventional life estates?

Page 47. 1. What are the legal life estates ?

Pages 48-49. 1 What were the principal forms of dower?

Page 50. 1. What is an estate of homestead?

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