Property Ownership
West Virginia has historically been a major producer of coal. When a coal company holds severed mineral rights under a farm, the surface owner:
AHas priority over the mineral owner in all cases
BMust allow reasonable surface use by the mineral rights owner✓ Correct
CCan prevent any mining activity without consent
DIs entitled to compensation for any surface damage under all circumstances
Explanation
Under the dominant estate doctrine in West Virginia, mineral rights owners may use the surface to the extent reasonably necessary to extract minerals. The Surface Mine Control and Reclamation Act and WV Surface Coal Mining Act provide some protections for surface owners.
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