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Supreme Court of the United States - 260 U.S. 393
Tags: Property, Eminent domain, Ta
tl;dr:
A statute that restricts landowners' rights to mine the coal beneath their property constitutes a taking of property.Video Summary
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The case involves a dispute over the mining of anthracite coal under the defendants' property. The Supreme Court of the State held that the statute allowing this was a legitimate exercise of the police power, but the Court is now considering whether this power can be stretched so far as to destroy previously existing property and contract rights. The court opines that the act cannot be sustained if it affects the mining of coal under streets or cities where the right to mine such coal has been reserved. The police power can qualify the protection of private property, but it cannot be extended to the point where private property disappears. This is not allowed under the Constitution of the United States. The statute does not disclose a public interest sufficient to justify such a destruction of the defendant's constitutionally protected rights, especially since the defendant gave timely notice of its intent to mine under the house.
The Kohler Act prohibits mining of anthracite coal if it causes subsidence of any human habitation or industrial establishment. The legislature has the power to prohibit uses that threaten public welfare without compensation. Restrictions on property use imposed by the police power do not constitute a taking if they protect public health, safety, or morals from threatened dangers. A restriction on property use can only be imposed if it serves a public purpose and is an appropriate means to achieve the public end. If mining coal would release poisonous gases, the State can prohibit it without compensation, just as it can prohibit excavation that endangers the community.
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