Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 12
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DECISIONS ON MINES AND MININING.
The constitution (sec. 14, art. 1) and the statutes of Arizona make
mining a public use and provide for the appropriation of property for
mining purposes. It follows, therefore, that any property used for
mining purposes is devoted to a public use, and mining property or
the surface of a mining claim used for mining purposes in the opera-
tion of a mine is not subject to the power of eminent domain and can
not be taken to be used for mining purposes or for the same purpose
to which it is already devoted or for which it is in good faith being
held, if by being so taken its present use and purpose will be defeated.
Marsh Mining Co. v. Inland Empire Mining etc. Co. (Idaho), 165 Pacific 1128, p.
APPROPRIATION OF COAL FOR SURFACE SUPPORT.
A school district in a city that purchased land with coal underlying
and expressly waived the right of surface support can not, after tak-
ing possession and erecting its school buildings thereon, prevent by
injunction the mining out of the coal, but the school district may,
under its right of eminent domain, obtain by condemnation and pay-
ment therefor such or sufficient of the underlying coal as may be
necessary to support properly the surface and its buildings.
Commonwealth v. Clearview Coal Co. (Pennsylvania), 100 Atlantic 820.
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/26/: accessed March 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.