Pennsylvania Coal v. Mahon: Difference between revisions
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|issues=Is the Kohler Act's prohibition on mining coal below residences a [https://www.quimbee.com/keyterms/taking taking]? | |||
|rule=[[Constitution_of_the_United_States#Takings_Clause]] | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.oyez.org/cases/1900-1940/260us393 | |link=https://www.oyez.org/cases/1900-1940/260us393 |
Revision as of 23:39, April 23, 2024
Pennsylvania Coal v. Mahon | |
Court | Supreme Court of the United States |
---|---|
Citation | 260 U.S. 393 |
Date decided | December 11, 1922 |
Appealed from | Pennsylvania Supreme Court |
Facts
- Pennsylvania Coal Co. = "Penn" = owner of a parcel rich in sub-surface coal = a coal-mining company
- In 1878, Penn deeded the surface rights to Mahon while retaining the right to mine sub-surface minerals
- The deed stipulated that Mahon would accept the risks associated with Penn's coal mining activities
- In spite of the risks spelled out in the deed, Mahon built a house on the land subject to coal-mining activities
- In 1921, Pennsylvania enacted the Kohler Act (which prohibited coal mining that might threaten any residential structure above land)
Procedural History
- Mahon sued Penn seeking an injunction against Penn in accordance with the newly-passed Kohler Act
- Mahon lost in the court of common pleas in Pennsylvania.
- Mahon won in the Supreme Court of Pennsylvania
Issues
Is the Kohler Act's prohibition on mining coal below residences a taking?
Rule
Resources