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104
Plymouth Coal
Not unreasonable exercise of police power of state to require owners of adjoining coal properties to cause boundary pillars
Average reciprocity of advantage
→ if you are not getting benefit from taking, more likely a Taking
→ if you are getting benefit from taking, less likely to be a Taking
“held competent for the legislature to require a pillar of coal to the left along the line of adjoining property, that with the pillar on the other side of the line would be a barrier sufficient for the safety of the employees of either mine in case the other should be abandoned and allowed to fill with water. But that was a requirement for the safety of employees invited into the mine, and secured an average reciprocity of advantage that has been recognized as a justification of various laws.”
Average reciprocity of advantage
→ if you are not getting benefit from taking, more likely a Taking
→ if you are getting benefit from taking, less likely to be a Taking
“held competent for the legislature to require a pillar of coal to the left along the line of adjoining property, that with the pillar on the other side of the line would be a barrier sufficient for the safety of the employees of either mine in case the other should be abandoned and allowed to fill with water. But that was a requirement for the safety of employees invited into the mine, and secured an average reciprocity of advantage that has been recognized as a justification of various laws.”
