KRS 381.940: Rules of construction for mineral deeds relating to coal extraction.

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 e xtraction 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 instrum ent 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 esta te only for the purposes of coal extraction

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.