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· 6/27/1995

Carbon County v. Union Reserve Coal Co., Inc.

Citations

  • 898 P.2d 680
  • 271 Mont. 459
  • 52 State Rptr. 529
  • 1995 Mont. LEXIS 124

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying an ownership in place rule, with the gas developer having the right to drill for and produce CBM and the coal operator having a simultaneous right to capture CBM for safety purposes incident to coal mining operations
  • “[T]he transfer of a mineral interest includes, by implication, the incidental rights reasonably necessary to extract the mineral.”
  • “[T]he grant of a particular interest in property tacitly carries with the grant those incidents without which the grant would be of no avail.”
  • \[T]he grant of a particular interest in property tacitly carries with the grant those incidents without which the grant would be of no avail.\
  • right to extract CBM is with holder of gas exploration rights
  • right to extract CBM is with holder of gas exploration rights

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Turnage, Trieweiler, Hunt, Gray, Weber, Leaphart

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.