The open mines doctrine is a term of real property. Under the open mines doctrine depletion of natural resources constitutes waste unless consumption of such resources constitutes normal use of the land, as in the case of a life estate in coal mine or a granite quarry.
The life tenant cannot open the land to search for minerals and other natural resources, but if the quarries or mines were open before the tenant took the life estate, then it is not waste for the life tenant to continue their use. Where the life tenant opens the land for new mines (i.e., voluntary waste) a remainderman can enjoin such.
The sale of harvestable crops does not constitute waste.
Famous quotes containing the words open, mines and/or doctrine:
“[Panurge] spent everything in a thousand little banquets and joyous feasts open to all comers, particularly jolly companions, young lasses, and delightful wenches, and in clearing his lands, burning the big logs to sell the ashes, taking money in advance, buying dear, selling cheap, and eating his wheat in the blade.”
—François Rabelais (14941553)
“Beautiful credit! The foundation of modern society. Who shall say that this is not the golden age of mutual trust, of unlimited reliance upon human promises? That is a peculiar condition of society which enables a whole nation to instantly recognize point and meaning in the familiar newspaper anecdote, which puts into the mouth of a distinguished speculator in lands and mines this remark:MI wasnt worth a cent two years ago, and now I owe two millions of dollars.”
—Mark Twain [Samuel Langhorne Clemens] (18351910)
“When the doctrine of allegiance to party can utterly up-end a mans moral constitution and make a temporary fool of him besides, what excuse are you going to offer for preaching it, teaching it, extending it, perpetuating it? Shall you say, the best good of the country demands allegiance to party? Shall you also say it demands that a man kick his truth and his conscience into the gutter, and become a mouthing lunatic, besides?”
—Mark Twain [Samuel Langhorne Clemens] (18351910)