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:
“It is an open question whether any behavior based on fear of eternal punishment can be regarded as ethical or should be regarded as merely cowardly.”
—Margaret Mead (1901–1978)
“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:M”I wasn’t worth a cent two years ago, and now I owe two millions of dollars.””
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“Theory may be deliberate, as in a chapter on chemistry, or it may be second nature, as in the immemorial doctrine of ordinary enduring middle-sized physical objects.”
—Willard Van Orman Quine (b. 1908)