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Open Mines Doctrine
{{Property law The open mines doctrine is a term of real property. Under the open mines doctrine, depletion of natural resources constitutes waste unless consumption of such resources constitutes normal use of the land, as in the case of a life estate in coal mine or a granite quarry. The life tenant cannot open the land to search for minerals and other natural resources, but if the quarries or mines were open before the tenant took the life estate, then it is not waste for the life tenant to continue their use. Where the life tenant opens the land for new mines (i.e., voluntary waste) a remainderman can enjoin such. The sale of harvestable crops A crop is a plant that can be grown and harvested extensively for profit or subsistence. When the plants of the same kind are cultivated at one place on a large scale, it is called a crop. Most crops are cultivated in agriculture or hydroponics ... does not constitute waste. See also * Law of waste Legal doctrines and princ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called ''immobilier'' ("immovable property"). Historical background The word " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Resources
Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. On Earth, it includes sunlight, atmosphere, water, land, all minerals along with all vegetation, and wildlife. Natural resources is a part of humanity's natural heritage or protected in nature reserves. Particular areas (such as the rainforest in Fatu-Hiva) often feature biodiversity and geodiversity in their ecosystems. Natural resources may be classified in different ways. Natural resources are materials and components (something that can be used) that can be found within the environment. Every man-made product is composed of natural resources (at its fundamental level). A natural resource may exist as a separate entity such as fresh water, air, as well as any living organism such as a fish, or it may be transformed by extractivist in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waste (law)
Waste is a term used in property law to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. A lawsuit for waste can be brought against a life tenant or lessee of a leasehold estate, either by a current landlord or by the owner of a vested future interest. The holder of an executory interest, however, has no standing to enforce an action for waste, since his future interest is not vested. There are several different kinds of waste under the law. Voluntary waste Voluntary waste, (sometimes called ''affirmative waste'') is any change made to the estate that intentionally or negligently causes harm to the estate or depletes its resources, unless this depletion is a continuation of a pre-existing use. Some jurisdictions follow what is called the open mines doctrine, which permits continued excavation from any mine on the property that is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Estate
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant". In the combined jurisdiction of England and Wales since 1925 a freehold estate intended to be 'held' as a life interest takes effect only as an interest enjoyed in equity, specifically as an interest in possession trust. The other type of land ownership is leasehold and although most long leases are for a period of between 99 and 999 years 'leases for life' will be interpreted in often unpredictable ways as either as a licence or a lease. Principles The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coal Mine
Coal mining is the process of extracting coal from the ground. Coal is valued for its energy content and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from iron ore and for cement production. In the United Kingdom and South Africa, a coal mine and its structures are a colliery, a coal mine is called a 'pit', and the above-ground structures are a 'pit head'. In Australia, "colliery" generally refers to an underground coal mine. Coal mining has had many developments in recent years, from the early days of men tunneling, digging and manually extracting the coal on carts to large open-cut and longwall mines. Mining at this scale requires the use of draglines, trucks, conveyors, hydraulic jacks and shearers. The coal mining industry has a long history of significant negative environmental impacts on local ecosystems, health impacts on local communities and workers, and contributes heavily to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quarry
A quarry is a type of open-pit mine in which dimension stone, rock, construction aggregate, riprap, sand, gravel, or slate is excavated from the ground. The operation of quarries is regulated in some jurisdictions to reduce their environmental impact. The word ''quarry'' can also include the underground quarrying for stone, such as Bath stone. Types of rock Types of rock extracted from quarries include: *Chalk *China clay *Cinder *Clay *Coal * Construction aggregate (sand and gravel) * Coquina * Diabase *Gabbro *Granite * Gritstone *Gypsum *Limestone *Marble *Ores *Phosphate rock *Quartz *Sandstone * Slate *Travertine Stone quarry Stone quarry is an outdated term for mining construction rocks (limestone, marble, granite, sandstone, etc.). There are open types (called quarries, or open-pit mines) and closed types ( mines and caves). For thousands of years, only hand tools had been used in quarries. In the 18th century, the use of drilling and blasting operatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Tenant
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant". In the combined jurisdiction of England and Wales since 1925 a freehold estate intended to be 'held' as a life interest takes effect only as an interest enjoyed in equity, specifically as an interest in possession trust. The other type of land ownership is leasehold and although most long leases are for a period of between 99 and 999 years 'leases for life' will be interpreted in often unpredictable ways as either as a licence or a lease. Principles The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minerals
In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid chemical compound with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. (2011): Minerals'; p. 1. In the series ''Geology: Landforms, Minerals, and Rocks''. Rosen Publishing Group. The geological definition of mineral normally excludes compounds that occur only in living organisms. However, some minerals are often biogenic (such as calcite) or are organic compounds in the sense of chemistry (such as mellite). Moreover, living organisms often synthesize inorganic minerals (such as hydroxylapatite) that also occur in rocks. The concept of mineral is distinct from rock, which is any bulk solid geologic material that is relatively homogeneous at a large enough scale. A rock may consist of one type of mineral, or may be an aggregate of two or more different types of minerals, spacially segregated into distinct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crops
A crop is a plant that can be grown and harvested extensively for profit or subsistence. When the plants of the same kind are cultivated at one place on a large scale, it is called a crop. Most crops are cultivated in agriculture or hydroponics. Crops may include macroscopic fungus (e.g. mushrooms) and marine macroalga (e.g. seaweed), some of which are grown in aquaculture. Most crops are harvested as food for humans or fodder for livestock. Some crops are gathered from the wild often in a form of intensive gathering (e.g. ginseng, yohimbe, and eucommia). Important non-food crops include horticulture, floriculture and industrial crops. Horticulture crops include plants used for other crops (e.g. fruit trees). Floriculture crops include bedding plants, houseplants, flowering garden and pot plants, cut cultivated greens, and cut flowers. Industrial crops are produced for clothing ( fiber crops e.g. cotton), biofuel ( energy crops, algae fuel), or medicine ( medicinal plants). I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Waste
Waste is a term used in property law to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property. A lawsuit for waste can be brought against a life tenant or lessee of a leasehold estate, either by a current landlord or by the owner of a vested future interest. The holder of an executory interest, however, has no standing to enforce an action for waste, since his future interest is not vested. There are several different kinds of waste under the law. Voluntary waste Voluntary waste, (sometimes called ''affirmative waste'') is any change made to the estate that intentionally or negligently causes harm to the estate or depletes its resources, unless this depletion is a continuation of a pre-existing use. Some jurisdictions follow what is called the open mines doctrine, which permits continued excavation from any mine on the property that is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student orga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday usage, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
