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COMPASS COAL COMPANY v. COMMONWEALTH PENNSYLVANIA (01/18/83)

decided: January 18, 1983.

COMPASS COAL COMPANY, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA GAME COMMISSION, RESPONDENT



Appeal from the Order of the Board of Property in case of Compass Coal Company, Inc. v. Pennsylvania Game Commission, No. 80-6.

COUNSEL

David E. Blakley, Blakley & Jones, for petitioner.

Stuart M. Bliwas, with him William R. Pouss, Assistant Counsel, for respondent.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 71 Pa. Commw. Page 253]

Petitioner, Compass Coal Company, Inc. (Compass), has filed a Petition for Review of an order of the Pennsylvania Board of Property (Board) declaring Compass, the assignee of the lessee of minerals reserved to the grantor in a deed conveying land was without right to strip mine the premises without the consent of the grantee of the land, the Pennsylvania Game Commission.

By deed dated February 13, 1934, the Trustees of the Baker Run Reserve conveyed to the Commonwealth of Pennsylvania, for the use of the Pennsylvania Game Commission, a tract of land containing 4,717 acres more or less in Clearfield County. The deed contained the following reservation:

Excepting and reserving however, unto the Grantors herein, their successors and assigns, all coal, oil, gas, clays and other minerals, in,

[ 71 Pa. Commw. Page 254]

    upon, or under said lands, together with the right to go upon said lands to prospect for, drill and otherwise explore for said minerals, oil, gas and clays; also with full right to operate any oil and gas wells that may be hereafter placed on said lands, and with full rights of mining, drilling and carrying on any mining or drilling operations, with the right to erect and maintain such pipe lines, railways, over, or under said lands, to transport coal, gas and oil that may be found on said lands, as well as transportation of coal, oil or gas through or over said lands, produced on other lands; with the right to erect such other structures, as may be required and are necessary for the proper and complete operation of such coal, oil and gas mines or wells; including the right to erect pump houses, breakers, tipples, refineries, storage tanks, and other buildings appurtenant or necessary to the mining, and operation and carrying on of coal, oil and gas development and production, as well as for clays and other minerals in, upon, or under said land.

In 1937 the mineral rights thus reserved were conveyed to A. H. Reitz. In 1965, Reitz leased the right to mine the coal to P & N Coal Company, Inc., which assigned the lease to Compass in 1980.

Compass has not contested the Board's Findings of Fact, among which ...


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