In law school they teach us that property ownership consists of a "bundle of twigs." Each twig represents a different right associated with property ownership.

Most often, in most places, included within the bundle of twigs is the right to excavate on your property. This is so because ownership is usually more than surface deep. Usually, you can dig a certain amount as well. Usually, but not always.

In coal mining areas, it is very common for people to own surface rights only. So they can build a home, but they cannot excavate (or at least not too far). That is because mining companies often own property underneath peoples' homes. Which means someone owns the surface, and some else, often a mining company, owns the soil and coal below.

Mining operations usually live in harmony with their surface neighbors. And they are good neighbors, most of the time. But that is not always the case.

As you might guess, sub-surface mining can have a detrimental effect on structures that are on the surface. Surface structures can start to sink, buckle, flood or in severe instances collapse when sub-surface mining occurs.

Mining states have reacted to this problem in various manners. For example, Pennsylvania has enacted a law entitled the Bituminous Mine Subsidence and Land Conservation Act. Act 54 of this law provides compensation to surface owners who are negatively impacted by mining operations.

In severe instances, the state will order mining operations to pay surface property owners for damage caused by the mining operations. If your home collapses, you will get paid some money.

In addition, the state can provide manpower assistance to the surface property owners in order to evaluate engineering options and other professional requirements necessary to address harms caused by sub-surface operations. The law is good, but no one ever wants to be in a position where they need to rely on the law.

Act 54 is comprehensive; however, some have lately argued that it does not go far enough. Some argue that the state does not do enough to sufficiently compensate sub-surface property owners from the harms that can be associated with mining operations.

Many readers do reside in states where mining activities occur. If your home or basic lifestyle has been very negatively affected by sub-surface mining operations, you should know that you may be entitled to compensation.

You are entitled to peacefully coexist with mine operators. And to the extent that mining operations go over the line, you should take necessary measures to ensure that your legal rights have been protected.

If you need to make a legal claim, make sure to do so within the time period required by law. If you make a claim too late in time, you may be forever barred from securing the legal relief to which you and your family may be entitled. Also, be sure to follow all procedural claim requirements and be able to document and prove all of the damages you and your family have sustained.

Mining is vital to this country and many Americans have made their living in mining. But families injured by mining operations need to know that help is available to them.

Published: January 20, 2005

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Stuart Lieberman, Esq. writes about environmental issues. He was a New Jersey Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 to 1990. Currently he is a shareholder in the environmental law firm of Lieberman & Blecher, P.C., located in Princeton, New Jersey. Stuart can be reached at slieberman@liebermanblecher.com.