Depends on the original grant. And how the grant is interpreted in current circumstances. The prior owner may have granted use of the land for mining without f

Depends on the original grant. And how the grant is interpreted in current circumstances. The prior owner may have granted use of the land for mining without further compensation or requiring the surface be usable. Surface mining in Appalachia for coal is a good example. A modest survey of the topic: Mineral Rights in Central Appalachia: A Brief History of the Broad Form Deed in Kentucky and Tennessee Blakely Elizabeth Whilden http://studentorgs.law.unc.edu/documents/elp/2012/whilden_final.pdf http://studentorgs.law.unc.edu/documents/elp/2012/whilden_fi...