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Pennsylvania Coal Dissent (Brandeis)
1. State does not appropriate the property or make any use from it, rather state seeks to prevent the owner from making a use which interferes with paramount rights of the public.
2. A restriction upon use cannot be lawfully imposed unless its purpose is to protect the public as an appropriate means to the public end.
3 KINDS OF ESTATES
1. Surface estate: the house you build
2. Mineral estate: minerals which could be removed
3. Support estate: minerals left in place to support the surface after the mineral estate was mined (pillars that supported the surface)
3. Defining property under (5% diminution in value of whole property)→3 estates, but all have to work together to make sure all protected
2. A restriction upon use cannot be lawfully imposed unless its purpose is to protect the public as an appropriate means to the public end.
3 KINDS OF ESTATES
1. Surface estate: the house you build
2. Mineral estate: minerals which could be removed
3. Support estate: minerals left in place to support the surface after the mineral estate was mined (pillars that supported the surface)
3. Defining property under (5% diminution in value of whole property)→3 estates, but all have to work together to make sure all protected
