Regulacje i polityka gospodarcza · 26.11.1997

Request for Determination of Valid Existing Rights Within the Wayne National Forest

This notice announces the decision of the Office of Surface Mining Reclamation and Enforcement (OSM) on a request by Edward and Madeiline Blaire and Buckingham Coal Company, Inc. (Buckingham) for a determination of valid existing rights (VER) under section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM has determined that the requesters do possess VER to mine coal by surface methods on 25.2 acres of federal lands within the Wayne National Forest in Perry County, Ohio. This decision is based on the ``takings standard,'' which requires OSM to evaluate whether a determination that the requester does not have VER would result in a compensable taking of a property interest under the Fifth Amendment to the U.S. Constitution.