Chapter 3
Interestingly, however, some courts have affirmed surface owners’ waivers for damage from subsidence even though the method of coal extraction had changed. For example, in Smerdell v. Consolidation Coal Co., 806 F.Supp. 1278 (N.D.W.Va. 1992), the surface owners had waived all claims for damages from subsidence in 1905. ................
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