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Your Rights against a Mining Company Trying to Impose on your Property

“Cracking Rights” is a term that is used for the legal – waiver or a release section of a settlement contract between a property title-holder and a mining company. “ ‘Long-wall Mining’ is a high extraction form of mining, where continuous seams of coal, sometimes miles long and over a thousand feet wide, are completely mined with no support left behind for surface properties”. The effects of this mining technique could be tragic to many properties. Before a project beings that involves the long – wall mining technique, many jurisdictions oblige the mining company to let the property owners know of any property that will be affected by the mining project. The mining company should then take the responsibility to pay for any damages that occur to the property due to mining project. Many of the mine companies will pressure homeowners into signing a settlement agreement before the mining job even begins. This agreement should never be settled without the presence of a lawyer or without consulting a lawyer. Like many companies, the mining company is not looking out for the property owner’s interest. It is looking out for its own assets of the business. Signing an agreement may leave the sole determination of any damage made to the property to the mining company’s discretion. Also, property owners should be wary of cracking rights. “Theses rights attach to the property owners deeds, run with the land, and act as a past, present, and future release of future damages against the mining company.

Source: The Beasley Allen Report

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