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State ex rel. R.T.G., Inc. v. State

98 Ohio St. 3d 1 (2002)

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State ex rel. R.T.G., Inc. v. State

Ohio Supreme Court

98 Ohio St. 3d 1 (2002)

Facts

R.T.G., Inc. (RTG) (plaintiff) was a coal-mining company. RTG acquired 500 acres of property for the sole purpose of mining coal. Two hundred acres of this property consisted of land that RTG owned in fee simple, and the remaining 300 acres consisted of land in which RTG owned coal rights only. The state of Ohio (the state) (defendant) determined that RTG’s mining could adversely affect the water supply of a nearby town. Consequently, the state designated 400 acres of RTG’s property as unsuitable for mining (UFM). The majority of RTG’s coal reserves were located within the UFM-designated area. RTG brought suit against the state, seeking compensation for the coal that the state’s UFM designation prevented RTG from mining. The appellate court found that there was a taking of coal from UFM-designated land in which RTG owned only coal rights. But the court found that there was not a taking of coal from UFM-designated land that RTG owned in fee simple. The state and RTG appealed.

Rule of Law

Issue

Holding and Reasoning (Lundberg Stratton, J.)

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