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By Howard N. Egan

EASTERN COAL CORPORATION is located in the heart of the Appalachian Mountain area of extreme Eastern Kentucky, The mountains are of sedimentary origin, and have been deeply eroded by streams as the area has been thrust up during geologic time. There are many seams of coal interspersed between beds of shale and sandstone. While some of the seams are thin, there are a number that can be economically mined. We are mining the Pond Creek, or No. 2 Gas Seam, at a rate in excess of 6,000 tons per day. Our central preparation plant utilizes tromp baths for the plus 3/8" size and Rheolaveur for the minus 3/8" portion. No provision was made to recover the fine coal, which was included with the plant effluent pumped to a 12 acre refuse pond. The pond is impounded behind the coarse refuse dump. This pond rose 15 feet last year. Obviously, no pond could stand many years at this rate. Limited pond space in this rugged area of steep hills and narrow valleys dictated a revised disposal method. Our first thought was that it would be necessary to dry the fine refuse sufficiently to permit inclusion with the coarse refuse, which is hauled uphill by monitor and then trucked to final disposal.

Jan 1, 1967

By R. G. Reddy

Solid state reduction of roast movat chromite ore with carbon was carried out as a function of C/FeO ratio and temperature in the range 800°C to 900°C by thermogravimetry analysis (TGA). A two stage mechanism, (1) the reduction of FeO present in Roast Movat with carbon monoxide; and (2) the regeneration of CO by the oxidation of carbon with CO2 was proposed. The rate controlling step is the carbon oxidation reaction. A kinetic equation, that of random nucleation, was proposed. The activation energy for the reduction was determined to be 55800 J/mole and is compared to those activation energies determined for other chromite ores.

Jan 1, 1998

By R. Larry Grayson, Ahmet Unal

Use of radio frequency identification (RFID) technology to solve informational needs in isolated and restricted underground mining environments will be reviewed, giving specifications of some past and currently available systems. The advantages and disadvantages of using various frequencies, system configurations, and specific components, including their construction standards and capability, will be discussed. The remaining challenges to more widespread use of RFID systems for personnel and vehicle tracking will be identified, and recommendations concerning operating environment capabilities will be detailed. Finally, the ultimate requirements for maintaining system integrity during and following a coal mine emergency will be discussed.

Feb 24, 1997

By W. Holding

Since the 1975 International Mine Ventilation Congress in Johannesburg there has been a trend in South Africa towards making the mine ventilation departments responsible for monitoring the total environment. This includes the taking of noise and illumination measurements and there is in fact a debate taking place as to whether the departmental title should be changed to 'Environmental Control Department'. The organisers of the 2nd international Mine Ventilation Congress have decided that noise and illumination will not be included as Congress subjects and 'Total Environment' includes only those facets which are open to debate at the Congress. The choice of mine is significant in that while most Congress papers from South Africa will be devoted either to coal mining or to the somewhat unique deep level gold mines, Prieska Copper Mine is a mine which can easily be identified with similar mines in many other parts of the world. The mine is situated some 750 km south west of Johannesburg and about 600 km north east of Cape Town. Current production (ore and waste) is about 340 000 tons per month and the total underground labour force is just over 2 000. The ore body is a massive sulphide, the main minerals being copper and zinc and the method of mining is sub-level open stoping. Daily average surface temperature conditions range from 85°F (29.5°C) dry bulb and 69.8°F (21°C) wet bulb in mid-summer to 42°F (5.5°C) dry bulb and 36.5°F (2.5°C) wet bulb in mid winter. The information presented in-this paper is limited to what can be gathered by mine ventilation staff as part of an on-going exercise and is obviously not as comprehensive as would be the case if a fully equipped research establishment were to become involved. The paper will be divided into three sections 1) Gases 2) Dust 3) Heat In each section statutory and/or other standards will be set down followed by a discussion of assessment and in some cases control methods.

Jan 1, 1980

By A. J. Basu

Rock mass properties testing for determining strength parameters is an integral part of geomechanics. These tests are performed either in a laboratory environment or in a field (in-situ). The authors share their experience in using numerical modelling in simulating the laboratory test procedures. This approach helps studying the rock breakage and failure mechanism more efficiently and provides a high degree of visualization. Moreover, imperfections and discontinuities can be easily incorporated in these models. This capability of providing arbitrary fractures and discontinuities facilitates in building a large knowledgebase of rock strength and failure mechanisms. This knowledgebase may then be used to generate heuristics for determining rock strengths for rock mass with fractures and discontinuities.

Jan 1, 1997

By R. W. M. Lai

The study of flotation kinetics was first reported by Garcia-Zuniga1 in 1935. Since then, literature on the subject has grown with the time. 2-19 Although there is an abundance of flotation kinet¬ics models available in the literature to describe flo¬tation systems, they are mostly of academic interest and are seldom applicable for use in the industrial environment. Several reasons contribute to the wide gap in the industrial -application of the academic models. These include: 1) the lack of generality in the model, e.g., the model is limited to certain size ranges; 14 2) the academic models involve complicated mathematics; 5,6,10,11 3) confusion about the order of the flo¬tation rate, e.g., several authors proposed a first order rate model, 1,15,16 whereas the others propagated a second order rate model: 2,17,18,194) the use of an unrealistic rigid value, such as the use of a maximum recovery of 100%, 5,8,19 which is unrealistic in industrial operations; and 5) the use of graphs that confuse the reader rather than interpret information. 2,3,10 This paper intends to introduce a simple and easy to understand empirical flotation kinetics model along with a way of presenting the model in an informative graphical form, which should stimulate the interest of other practical engineers to become concerned with practical application within the mineral industry.

Jan 1, 1982

By M. T. Ityokumbul

Experiments have been carried out to determine the efficacy of bubble column flocculation. An acid-base neutralization method was used to determine the mixing time in a 0.064 m x l.5 m bubble column equipped with a Mott porous sparger. The mixing times decreased as the tracer injection point approached the gas sparger. Preliminary flocculation experiments on two clay samples were carried out. The effects of frother addition and air flow rate are presented and discussed.

Jan 1, 1998

By R. Hogg

Sedimentation in highly flocculated suspensions of fine particles such as clays occurs through individual settling units (flocs) which have very open structures and correspondingly low density -typically less than 5% solids by volume. It follows that such settling processes rapidly lead to the build-up of a bed of flocs which are essentially close-packed, with inter-floc porosity of perhaps 50%, but with an overall solids content of no more than about 2-3 percent by volume. An important consequence is that the thickening process is dominated by the consolidation of this bed rather than by simple settling of the individual flocs. Experimental measurements of sediment consolidation in flocculated clay suspensions indicate that for a given system, consolidation rates are essentially determined by solids concentration and can be evaluated using the classical Kynch treatment. However, these rates are strongly dependent on the physical as well as chemical conditions of the flocculation process. Furthermore the extent to which gravity consolidation proceeds depends on the total weight of sediment (i.e. on both height and solids concentration). The implications with respect to thickener operation and the requirements for laboratory testing for thickener design are discussed.

Jan 1, 1992

By R. Y. Wan

Newmont Gold Company has advantageously used the capabilities of mineral oxidizing bacteria to develop a process for pretreatment of low grade sulfidic and carbonaceous-sulfidic refractory gold ores. The biooxidation process results in the oxidation of the sulfidic minerals with increased exposure of gold for subsequent gold recovery. The biooxidized carbonaceous-sulfidic ores cannot be heap leached with cyanide because of the "preg-robbing" characteristics of the carbonaceous matters in the ores. An alternative heap leach process using ammonium thiosulfate was developed to extract gold from the "preg-robbing" biooxidized ores. The ammonium thiosulfate leach process has been successfully practiced both in laboratory and pilot plant testing. Satisfactory test results encourage the continuation of process development.

Jan 1, 1996

By Nelson M. Solow

Raise boring of mine ventilation shafts in many cases offers a lower cost and higher speed method of construction in comparison to conventional shaft sinking. Where underground access is available for raise boring the potential savings indicate that raise boring should be considered as an alternative to other methods. Raise boring machines are currently in use which have the capability for reaming shafts up to twenty feet in diameter, depending on the strata and depth. These large capacity machines make it possible to consider raise bored shafts for moving large volumes of air. Although we will consider here only ventilation shafts, raise boring should also be considered for men and material shafts. When the mine planner has determined the volume of air required through a shaft at a particular location he is faced with the problem of selecting the shaft size. The principal factors in optimizing the shaft size are the construction costs for the shaft 'and the power cost to move the air through the shaft. The larger diameter the' shaft is the more it costs to construct, but for a given volume of air the power required (cost) becomes lower as the diameter increases. The construction cost is paid only once, when the shaft is constructed. The power costs, however, are paid throughout the life of the shaft. Methods of optimizing air shaft size found in the literature (References 1 and 2) amortize the construction cost and include it in the average annual cost of operating the airshaft. These methods derive a formula for the average annual cost vs. shaft size and de-rive the formula to compute the optimum size for a given air flow rate. It is, however, desirable to take into account tax considera-

Jan 1, 1977

By George F. McIntyre

The subject of this paper is mineral processing chemicals - how they work and where they end up environmentally. First of all, it is necessary to recognize that water is the most universally and widely used chemical used by the mining industry to separate desirable minerals from unwanted wastes, sands, and slimes. Of the total world's water supply, over 97 percent is found in the oceans. Another two percent is tied up in the ice caps, leaving roughly only one percent for us to work with. This one percent is distributed either as ground or surface water and makes up the bulk of all water used industrially. Even with such a small proportion available for immediate use, there appears to be enough fresh water to meet our needs for at least another hundred years. This availability, however, depends heavily on how we handle our waste waters, how we process them, and how we plan for their reuse. Certain governmental agencies have been charged with the task of setting up standards of water quality which must be met prior to environmental discharge. There is even discussion of zero discharge from industrial operations. Due to limited supply and availability, the mining industry has always been forced to reuse its process water or to treat it prior to discharge. Consequently, we are in an enviable position and are presently able to live with the environmentalists demands. To stay on top of the situation, it is necessary to continually concern ourselves with the .effects of changing orebodies and reagents on the final mill effluent. From a process standpoint, it is also important to recognize the impurities of plant recycle water and how they might tend to influence overall operations

Jan 1, 1974

By Todd Wanless, Daryl Poduska, Prakash Donde, Mahmood Khwaja

"The proposed Minne Lusa Stormwater Conveyance Sewer is part of the Phase 3 Major Combined Sewer Overflow projects to be scheduled as part of the City of Omaha’s Long Term Control Plan (LTCP). The system features a 6,100 foot long, 14-foot inside diameter tunnel to provide for conveyance of separated stormwater from previously completed and future LTCP sewer separation projects to the expanded Storz West and Pershing Detention Basins and subsequently, the Missouri River. The tunnel will operate as a pressurized system and convey flows of up to 2,500 ft3/s resulting from a 10-year, 24 hour storm event. This paper provides a synopsis of the project with a focus on the overall design aspects related to siting the tunnel alignment in an urban environment, the hydraulic analyses performed to choose a pressurized system rather than an open channel system, and expected geologic conditions. Tunnel alignment and profile and geological profile are presented, as well as an overview of the construction related impacts considered during design. PROJECT BACKGROUND The proposed Minne Lusa Stormwater (MLSW) Conveyance System will provide for conveyance of separated stormwater from previously completed, and future, LTCP sewer separation projects to the expanded Storz West and Pershing Detention Basins and subsequently, the Missouri River. The project location is representatively shown on Figure 1; the overall conveyance system is represented in Figure 2. The MLSW Conveyance System consists of three separate construction contracts under Contract Numbers: OPW-52004 – The Storz West Detention Basin to 31st & Paxton Tunnel; OPW-52454 – The Storz West/Pershing Detention Basin Grading and Improvements; and, OPW-52752 – The Pershing Detention Basin to ML Outfall Channel. This paper focuses on the project covered under Contract OPW-52004: design and construction of an approximately 6,110 feet 14-foot inside diameter (ID) tunnel, constructed using a Tunnel Boring Machine (TBM). The tunnel will receive flows from the Paxton Boulevard (PB) and the John Creighton Boulevard (JCB) Stormwater Conveyance Sewers and convey the flows to the Storz West Detention Basin, resulting in CSO volume and flow rate reductions to the Minne Lusa Outfall Channel and the North Interceptor."

Jan 1, 2016

By A. L. Miller, A. J. Chambers, P. R. Griffiths, D. A. Parks

"Diesel engines are one of the primary contributors to the presence of nano and ultrafine aerosols in ambient air and occupational environments. Exposure to diesel emissions has been shown to contribute to various adverse health outcomes of the pulmonary system and cardiovascular system. Currently diesel emissions in the workplace are monitored by way of collecting the aerosol onto filters, which are then sent to a lab for thermal-optical analysis using the NIOSH 5040 method, which measures elemental and organic carbon explicitly. This process can take days or even weeks, and workers can potentially be exposed to excessive levels of diesel particulate matter (DPM) before the problem is identified. To remedy this, researchers from the National Institute for Occupational Safety and Health (NIOSH) are seeking to develop a field-portable method for measuring elemental and organic carbon in DPM aerosols. In the current study, we investigated the use of Fourier transform mid-infrared (FT-IR) spectrometry, which lends itself more readily to implementation in a real-time system than do the thermal-optical analysis methods. We have demonstrated a method for measuring organic and elemental carbon in DPM for a broad range of organic carbon (OC) to elemental carbon (EC) ratios (from 50.3 to 0.8). The ability to handle a wide range of OC to EC ratios is critical given the evolving diesel technology. INTRODUCTION Respiratory illnesses are common in mining industry workers [1] and exposures to toxic aerosols such as DPM can result in serious respiratory illness [2]. Health studies show a correlation between workplace exposure to diesel exhaust and an increased risk of lung cancer [3-8]. The International Agency for Research on Cancer (IARC) has characterized diesel exhaust as a human carcinogen [9], and similar classifications have been made by the World Health Organization and the California Air Resource Board. A recent study [10] suggests that the risk of lung cancer is approximately three times greater for heavily exposed workers. When compared to other aerosols in the mine environment, the settling time of DPM is significantly longer than that of dust due to their small particle size (typically < 1 µm) [11]. Additionally, submicron particles (such as DPM) are deposited in the lungs much more efficiently than their larger counterparts such as dust [12]. Previous studies focusing on particle morphology [13] show that the largest mass contributor to lung disease in mining is elemental carbon, which provides a solid core onto which hydrocarbons are adsorbed. In accord with those findings the Mine Safety and Health Administration (MSHA) decided on submicron total carbon as a surrogate for monitoring diesel particulate matter in the mining environment."

Jan 1, 2018

By Clayton J. Parr

Introduction This chapter contains brief discussions of various environmental protection requirements that relate to underground mining operations. Environmental disturbances at an underground mining operation can result from subsidence; water discharges; waste dumps; construction and operation of access roads and utility lines; construction and operation of surface facilities such as maintenance shops, bathhouses, and storage yards; and emanation of dust and noise from surface crushers. Construction and operation of a concentrator or washing plant may result in the emission of air pollutants, the discharge of water pollutants, the creation of noise, and disturbance of the surface. Tailings ponds can be the source of fugitive dust.1 This chapter is not intended to provide a detailed discussion and analysis of laws and regulations dealing with environmental protection. Rather, its purpose is to provide the engineer with a basic awareness of the existence and nature of such laws and regulations, as well as the procedural requirements that must be followed in complying with them. The body of law relating to environmental protection has grow" very rapidly and should continue to do to for some time. Because many of the laws have been enacted recently, numerous court decisions are being rendered to resolve disputes over their interpretation. Hence, the reader is cautioned to be alert for subsequent modifications of statutes and regulations, and new case law. Rules and regulations pertaining to environmental protection are implemented at all governmental levels. The most widely known laws are those enacted by the federal government that have nationwide applicability. However, separate requirements exist in each state, county, and municipality. Because of their general applicability, federal laws are discussed most extensively in this chapter. Ownership of the property is the most significant factor considered in ascertaining what rules govern the conduct of an operation thereon. If the land is held under lease, reference to the lease terms must be made in the first instance to determine what obligations must be met in order to prevent default and possible loss of the property. If the land is held under a lease from the federal government, the operator is subject not only to compliance with the lease terms, but also to a large body of laws and administrative regulations that pertain generally to the conduct of mining operations on land held under federal leases. Although operations on unpatented mining claims, the legal title to which remains in the federal government, are not subject to the same rules and regulations that are applicable to operations conducted pursuant to federal leases or permits, they soon will be governed by a special set of regulations that provide for protection of surface resource.2 Operations conducted on lands leased from a state usually are subject to numerous environmental protection requirements specified in the lease terms, in addition to rules and regulations promulgated by the state agency having jurisdiction over mining on state lands. Operations conducted on privately held lands are subject to fewer such requirements. Leases from private parties sometimes have environmental protection and reclamation requirements written into them, but generally to a far lesser extent than governmental leases. Operations conducted on properties owned by the operator are subject only to those laws and regulations that have general applicability without regard to land ownership. COAL SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 Introduction On Aug. 3, 1977, the Federal Surface Mining Control and Reclamation Act of 1977 was signed into law.3 It governs coal-mine operations on private lands, as well as on public lands. The Act is pervasive in its scope and is extremely long and complex. The basic purpose of the Act is to control and minimize the environmental effects of surface coal mining. Surface coal-mining operations are defined as activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine.4 The Act is administered by the Secretary of the Interior through a new agency named the Office of Surface Mining Reclamation and Enforcement.5 The Act contains detailed environmental protection standards and reclamation requirements, and it establishes a permit system for all surface coal-mining operations. Mining in certain areas and under ceri-in conditions is restricted or prohibited, and a mechanism for enforcement by the states is provided. Stiff penalties are provided in the event of noncompliance. Implementation Schedule Nonfederal Lands: As required by Section 501 of the Act, interim regulations setting mining and reclamation performance standards based on and incorporating standards set out in Section 502(c) were adopted effective Dec. 13, 1977.6 They will. be incorporated as amendments to Chapter VII of Title 30, Code of Federal Regulations. Permanent regulatory procedures for surface coal-mining and reclamation operations performance standards, which were directed to be promulgated by Aug. 3, 1978, were published in proposed form on Sept. 10, 1978. 7 They govern surface coal-mining operations in any state until a permanent state or federal program is adopted. As of Feb. 3, 1978, all new operations, and as of May 3, 1978, all existing surface coal-mining operations, on lands on which such operations are regulated by a

Jan 1, 1982

By N. S. Tanious

The need to provide better mine roof support and control in longwall tailgate entries prompted the Bureau of mines to search for a replacement product for wood cribs. Their search isolated steel-fiber-reinforced concrete (SFC) as the most effective replacement. Through successful laboratory and underground mine tests, handmade SFC cribs proved to be a viable and more effective roof support system. However, to ensure wider usage, U. S. Steel Mining Co. initiated a joint development and evaluation program with Burrell Construction Company in order to mass produce SFC blocks of reasonable dimension, weight, and cost. Small specimens and full-size cribs were evaluated during this program to determine their compressive strength and post failure characteristics. After considerable testing and adjusting of various concrete mixtures, a final formulation for the SFC crib blocks was selected. That formulation permitted the construction of SFC cribs possessing a nominal crib strength of 3200 psi (22.1 x 106 Pa) and a nominal modulus of elasticity of 1.0 x 106 psi (6894.76 x 106 Pa). These SFC cribs can support from 3.5 to 14.5 times as much load as a wood crib, depending on the size of the wood crib being replaced. Both laboratory and limited mine tests, conducted by U. S. Steel Mining Co. have shown the SFC crib to be an economical and effective means of roof control.

Jan 1, 1984

By M. Karmis

The determination of the surface area which may be impacted by underground mining is an important consideration in subsidence engineering. A number of parameters have been utilized to identify this influence area, most notably the angles of draw and break. This paper discusses the implications of selecting an appropriate "damage angle" for defining a potential damage area due to mining, within which surface structures may be impacted Furthermore, the influence of both mining and geological factors, such as mining width and depth and overburden lithology, on this angle is examined, using the Surface Deformation Prediction System (S.D.P.S) software. Finally, recommendations are given for applying these concepts in subsidence control.

Jan 1, 1994

By W. J. Wuest

The U.S. Bureau of Mines (USBM) has recently developed a rock mass classification system for evaluating the structural competency of bedded roof strata; the Coal Mine Roof Rating, or CMRR. When compiled with the companion Lotus 1-2-3 spreadsheet, which is simple to learn and use, CMRR data are a useful tool with applications to longwall gate road pillar design, safety hazard mapping, and artificial roof support analysis. This paper demonstrates these applications under actual conditions found in current U.S. mining operations.

Jan 1, 1995

By Claudio Flores Martinez

The prospect of accomplishing economically and scientifically profitable deep-sea mineral mining within this decade or the next one is of particular interest to the emerging discipline of astrobiology which is concerned with the origin, distribution and future of life in the Universe. Several planetary bodies within our own Solar System such as Jupiter’s moon Europa and Saturn’s Enceladus now appear to be potentially habitable, or life-friendly, in terms of the three prerequisites for life as we know it: a sustained body of liquid water, biogenic elements (C, H, N, O, P, S) and energy sources to fuel metabolic reactions. Europa, for instance, possesses a global subsurface ocean, believed to be up to 100 km in depth, hidden beneath a kilometer-wide ice-sheet. A silicate mantle is directly interacting with a cold, aphotic ocean in which tidal forces might drive geological seafloor activity that results in the creation of hydrothermal systems. These locales are commonly hypothesized to be the cradles for an alternate origin of life on Europa. Especially alkaline hydrothermal springs, as found at Lost City, have been at the center of modeling the prebiological evolutionary dynamics preceding cellular life. Serpentinization-like reactions are also possibly fueling metabolic networks in putative microbial communities found in the oceans of the icy moos. Major space agencies around the globe are planning future space missions aimed at exploring and eventually characterizing potential life forms in these habitats. The technology needed for this exploration effort resembles the requirements for a successful deep-sea mineral mining industry: highly efficient AUVs (also equipped with biologically-oriented instrumentation), swarm robotics, landers, seafloor rovers and general high-pressure, cold temperature extreme environment engineering. Interestingly, science questions of deep-sea mineral mining and astrobiology converge too: the hypothesis of life originating at hydrothermal systems, the biogeographical distribution of species among these environments, adaptations of extremophilic organisms across the three domains of life and adequate autonomous robotic systems to assess the complexity of deep-sea biological communities. This presentation attempts to present a two-fold view of advanced planetary exploration that relates to a sustainable vision of deep-sea mineral mining: charting our oceans and developing technologies least harmful to endemic biology can propel the design and prototyping of future robotic planetary probes bound for aquatic missions on alien moons. Space industry, government and public interest towards a broadened planetary perspective on deep-sea mineral mining is promoted by addressing an astrobiological rationale of this endeavor.

Sep 1, 2014

By James B. Lincoln

The Schaffer linear kimberlite complex and Aultman kimberlite diatremes comprise a major part of the State Line kimberlite district of Colorado and Wyoming, which encompasses approximately 200 sq mi (500 km2). The district is located along the eastern flank of the northern Front Range and is underlain prin- cipally by Precambrian granites (approx. 1.4 b.y.) which have been intruded into an older (approx. 1.75 b.y.) metamorphic complex. The kimberlite occurrences are Devonian in age and are related to older Precambrian linear structures. The Schaffer kimberlite complex is a dike or fissure system with enlargements or blows developed at the intersections of cross faults; the two Aultman occurrences are diatremes. Kimberlite within the Schaffer complex is predominately grey to green phlogopite-calcite kimberlite breccia and tuffisitic breccia. Carbonate is abundant in some phases. Inclusions of host granite are common and locally abundant. Upper mantle peridotite, pyroxenite, and eclogite and lower crustal granulite xenoliths are present at many localities. Four phases of tuffisitic kimberlite breccia occur in the Aultman diatremes. These breccias are characterized by high carbonate and serpentine contents. Xenoliths of upper crustal granite, lower crustal granulite, and upper mantle assemblages are abundant locally. Lower Paleozoic sedimentary rock xenoliths are also abundant in the Aultman diatremes but are absent in kimberlite of the Schaffer complex. From 1979 through September 1982, Cominco American, Inc., conducted geologic mapping, petrographic studies, geophysical surveys, geochemical surveys, and auger drilling in the Schaffer-Aultman project area as part of an extensive evaluation program of kimberlite occurrences. Forty bulk samples (approx. 8,000 metric tons) were excavated from the occurrences and then were processed for diamonds at Cominco American&apos;s heavy media separation and diamond recovery test plant at Fort Collins, Colorado. Indicated grades from the Schaffer and Aultman kimberlites range from approximately 0.5-1.0 carat per 100 metric tons and as such, the occurrences do not appear to approach economic viability at this time.

Jan 1, 2013

By M. C. Azar, W. B. Mason, G. L. Anderson

Eminent domain overview Eminent domain is the power of the Government or a municipality to take property for public use without the consent or acceptance of the owner. Typically, the agency taking the prop¬erty will make an offer, hoping the owner will immediately accept and allow work to begin. If a mutual resolution regard¬ing its value cannot be reached, how¬ever, the municipality will institute a condemnation action in court seeking possion of the property. This is when the problems begin. The power of the Government to take the subject property is limited by Federal and state constitu¬tional requirements to pay "just com¬pensation" for the property. The exact nature of an owner&apos;s prop¬erty has been the subject of much debate and discussion. It is generally under¬stood, though, that property is consid¬ered to be "every kind of right or inter¬est, capable of being enjoyed and recog¬nized as such, upon which it is practi¬cable to place a money value" (US vs. 53 114 Acres of Land). A taking, for condemnation purposes, is considered to occur whenever there is a substantial interference with the free use and enjoyment of the property. Rarely is the necessity for the taking ever challenged and more rarely is the taking ever successfully challenged. When a taking occurs, it is not only the fee owner who is entitled to compen¬sation. Every person holding an interest in the subject property will be recog¬nized. Thus, all persons who at the time of taking have a compensable interest in the property will be made parties to the case (Swanson vs. US). Minerals, like all other interests in land, are recognized as property rights, giving the owner the power to dispose of them as he or she sees fit. Thus, the only remaining considera¬tion is only "just compensation." Ex¬actly what "just compensation" is has been difficult to define. Generally, it is that amount of money that will "put the person in as good a position as the per¬son would have been in had the taking not occurred." The owner must not be forced to sacrifice or suffer by receiving less than full and fair value for the prop¬erty. Every element that effects the value of the land and that would influence a purchaser must be evaluated. Courts have employed a variety of techniques to determine just compensa¬tion but have generally relied on market value as the standard for measuring compensation to the owner. The deter¬mination of market value is based on sales, income, costs, and use. These factors have been employed in various ways but can be summed up as: -The highest estimated monetary price the property will bring if exposed for sale in the open market with a reason¬able amount of time allowed to find a purchaser who is buying with knowl¬edge of all the uses and purposes to which it is adapted and for which it is capable of being used. • The amount the property would bring if it were offered for sale by one who desired, but was not obliged, to sell, and was bought by one who was willing, but not obliged to buy. • What the property would bring in the hands of a prudent seller, at liberty to fix the time and conditions of sale. • What the property would sell for in negotiations resulting in sale between an owner willing, but not obliged to sell, and a buyer willing, but not obliged to buy. • What the property would be rea¬sonably worth on the market for a cash price, allowing a reasonable time to affect a sale. (Michigan Standard Jury Instructions). Special consideration regarding mar¬ket value is given when the taking is only partial, rather than complete. An example of this partial taking is when a state highway cuts across the northern half of a parcel of property, leaving the rest behind for the owner. A variety of problems can be immediately seen. In a partial taking, the owner is permitted to recover not only for the property taken, but also for any loss in the value of the remaining property. The measure of compensation for partial taking purposes is generally the difference between the market value of the entire parcel before the taking, and the market value of what is left of the parcel after the taking (Michigan Stan¬dard Jury Instructions). Determining the partial taking value for mineral bear¬ing lands is the difficult issue.

Jan 1, 1989