Ky. Rev. Stat. » Chapter 352
Kentucky Revised Statutes

Ky. Rev. Stat. § 352.490 (2026)

Mine not to extend within twenty-five feet of property line -- Liability for

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

damages.

(1) No owner or tenant of any land containing coal shall engage in underground mining within twenty-five (25) feet of the line dividing the mineral owned or held by him from that of another person, without the written consent of every person interested in or having title to the adjoining land in possession, reversion, or remainder, or the guardians of such of those persons as are infants. The owner or tenant must also have the approval of the commissioner.

(2) Any person who violates subsection (1) of this section is liable for damages to the persons injured who may pursue for remedies provided by law for the recovery of damages for injury to their property. Effective: April 9, 1996 History: Amended 1996 Ky. Acts ch. 308, sec. 47, effective April 9, 1996. -- Amended 1972 Ky. Acts ch. 303, sec. 44. -- Amended 1952 Ky. Acts ch. 162, sec. 37. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739-51. Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9, 1996, when the Governor's signed copy of the Act was filed with the Secretary of State.

Notes of Decisions
Cited in 2 cases, 1963–1969 · leading case: Elk Horn Coal Corp. v. Anderson Coal Co., 223 F. Supp. 746 (E.D. Ky. 1963).
Sort: Relevance Newest Treatment
Elk Horn Coal Corp. v. Anderson Coal Co., 223 F. Supp. 746 (E.D. Ky. 1963). · cites it 3× “270) and a penalty of $500 for each encroachment (KRS 352.490). An unintentional trespass resulting from inadvertence and mistake or an intentional trespass in reliance upon an honestly conceived legal right creates liability for the mineral removed according only to its value…”
Wolf Creek Collieries Co. v. Davis, 441 S.W.2d 401 (Ky. Ct. App. 1969). “Therefore it was unnecessary to prove negligence, and it was immaterial whether or not the mining operations came within 25 feet of Davis’ boundary line in violation of KRS 352.490. The only issues to be submitted to the jury were (1) causation and (2) damages.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.