Legal Question in Consumer Law in North Dakota
Coal leasing
is a coal co. required to pay top for top soil damage if it not inclued in lease
Asked on 6/20/03, 11:01 am
2 Answers from Attorneys
Marshall Snyder
Law Office Of Marshall Snyder
Re: Coal leasing
You would probably have a claim in equity for top soil damage despite the fact that top soil damage is not included in the lease. The absence of top soil damage from the lease does not absolve the coal company from liability for top soil damage. The more important issue is whether there are limitations on damages contained in the lease which would limit the coal company's liability. If so, you have a much more difficult case in seeking recovery for top soil damage.
Answered on 6/23/03, 9:36 pm
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
Re: Coal leasing
Unless the contract is reviewed, no defintive reply is possible.
Answered on 6/20/03, 11:53 am
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