They have backed us into a corner.  They’re trying to get the coal one way or another.  This company is not a good neighbor

-Mary Jane Adams, after a long day at court.

This past Tuesday a judge heard testimony on Mary Jane and Raleigh Adams’ case concerning Whymore Coal coming on their land without their permission.  Although the case has not concluded and there still has not been a determination whether or not the original contract is void, the judge ruled that the coal company is allowed to continue mining and is required to pay wheelage (amount per ton hauled over their property) and back pay.  There is additionally a property line dispute between the Adams and an adjacent property owner that must still be resolved.  Up until a week ago, there had been no question as to where the boundaries were.

During the hearing, the company claimed that the lease had not been broken, and that they had not been on the Adams’ property. First the company claimed that they were not responsible for hauling the coal past the Adams’ home because it was a public road, and the four payments that the family had received were advanced royalties payments because they wanted “to be good neighbors.”  However, both the Adams and other residents testified that the company had obligations to make payments when they widened the road onto private property.  Several residents stated they were currently receiving payments on an annual basis from the company for wheelage due to a widening of the road.  Since the wheelage payments stopped which broke the contract with the Adams,’ the company claimed that widening the road on the Adams’ property did not count. 

Furthermore, although another set of landowners who supposedly have a valid lease with the company did not have a surveyed map of their property boundaries, the company claimed that when they were operating on the top of the mountain last week, they were actually on a different landowner’s property.
Another claim made by the company in an effort to justify issuing a restraining order for Raleigh on his own property was that he had supposedly threatened the workers and the equipment.  When the president of Whymore was further questioned about this false accusation, he referenced that Raleigh said there would be problems if they came down any further on his land.  Raleigh and his neighbors that were present on the mountain refuted that claim and reminded them of the threat to knock a tree on Raleigh.  Don Williams also told the court about how Curtis Hopkins, the former coal operator, said he would bulldoze his way through the Adams to get the coal. 

Throughout the court proceedings, the company president talked about how the Adams’ family had contacted the state on numerous occasions regarding mining operation and that they were inciting their neighbors to make calls to “tarnish my name in Frankfort.”  The company implied it was harassment, however citizens have a right under the law to express concerns about a mining operation especially when a company is operating in a reckless manner.  During the last month, the company has received 4 non-compliance citations ranging from inappropriate use of explosives, improper disposal of spoil material, and the disruption of the watershed above a sediment pond.

Other residents have expressed concerns about the reckless and illegal mining practices of this coal operation.  During the hearing, Ron Williams spoke about how the coal trucks had destroyed three of his mailboxes.  Others have expressed concerns about the mud and dust on the road.  In addition, there is another court proceeding regarding another tract of property, which the company received by purchasing an interest in an undivided property.  The way the law works now even if every other interest in an undivided tract opposing mining, as is the case in this tract of property in Long Branch, it is only required that one person signs.  The money for all the other interests is supposed to be put into an escrow account, which is not currently being done in the Long Branch case.   

“I am so disgusted about how this coal company is trying to intimidate residents and how they lied during the hearing about Raleigh and the situation.  I thought we lived in a free country where when you owned your land, you owned your land.  This company is totally taking advantage of an elderly couple, and this is not right,” Teri Blanton reflected, a KFTC member who attended the hearing in support of the Adams.

The legal proceedings are moving forward.  In the meantime, residents want to educate people how Whymore is treating people and doing poor mining practices.  The Adams family will continue to pursue options to stop the company from mining on their property without their permission and support their neighbors’ efforts to get better enforcement of the mining laws in their community.