Participation Type
Paper
Session Title
Session 4.03 Coal
Presentation #1 Title
Where “Our Forefathers Are Buried:” Land Ownership and the Early Legal History of the Broad Form Deed in Eastern Kentucky
Presentation #1 Abstract or Summary
The troubled history of the broad form deed is engrained in the fabric of the mountains. This paper takes a look back at the earliest legal cases in the area to examine the complexities surrounding the development of the coal industry in eastern Kentucky. As early legal cases demonstrated, the broad form deed began to alter the very fabric of landownership in eastern Kentucky by separating the mineral estate from the surface. The lawsuits, however, also revealed a wide range of emotions from landowners as they began to question this new commodification of land. While some landowners claimed they were defrauded out of their minerals, others actively sought out mineral speculators themselves, or in a few cases, attempted to get out of previous agreements so they could re-sell the mineral rights at a higher price. The division of these estates ultimately created their own unique set of issues in which the resulting lawsuits involving broad form deeds set the stage for decades of litigation and change.
At-A-Glance Bio- Presenter #1
Stephanie M. Lang serves as Research and Genealogy Historian for the Polk County History Center (FL). She received a Ph.D. in History from the University of Kentucky and is a native of Prestonsburg, Kentucky.
Where “Our Forefathers Are Buried:” Land Ownership and the Early Legal History of the Broad Form Deed in Eastern Kentucky
The troubled history of the broad form deed is engrained in the fabric of the mountains. This paper takes a look back at the earliest legal cases in the area to examine the complexities surrounding the development of the coal industry in eastern Kentucky. As early legal cases demonstrated, the broad form deed began to alter the very fabric of landownership in eastern Kentucky by separating the mineral estate from the surface. The lawsuits, however, also revealed a wide range of emotions from landowners as they began to question this new commodification of land. While some landowners claimed they were defrauded out of their minerals, others actively sought out mineral speculators themselves, or in a few cases, attempted to get out of previous agreements so they could re-sell the mineral rights at a higher price. The division of these estates ultimately created their own unique set of issues in which the resulting lawsuits involving broad form deeds set the stage for decades of litigation and change.
