{"data":{"id":"us-ky/krs-381.940","jurisdiction":"us-ky","citation":"KRS 381.940","heading":"Rules of construction for mineral deeds relating to coal extraction.","body":"In any instrument heretofore or hereafter executed purporting to sever the surface and\nmineral estates or to grant a mineral estate or to grant a right to extract minerals, which\nfails to state or describe in express and specific terms the method of coal e xtraction to be\nemployed, or where said instrument contains language subordinating the surface estate to\nthe mineral estate, it shall be held, in the absence of clear and convincing evidence to the\ncontrary, that the intention of the parties to the instrum ent was that the coal be extracted\nonly by the method or methods of commercial coal extraction commonly known to be in\nuse in Kentucky in the area affected at the time the instrument was executed, and that the\nmineral estate be dominant to the surface esta te only for the purposes of coal extraction\nby the method or methods of commercial coal extraction commonly known to be in use in\nKentucky in the area affected at the time the instrument was executed.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35577","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:12Z","sha256":"c7d1ea4db3cafa4622a7253b7e4ad520cc7af79460c3ce726b7a0a9cb60a14a4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.935","next":"us-ky/krs-381.945"},"notice":"GroundRules: Original legal text. Not legal advice."}