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:
““Where is the Mississippi panorama
And the girl who played the piano?
Where are you, Walt?
The Open Road goes to the used-car lot.”
—Louis Simpson (b. 1923)
“The humblest observer who goes to the mines sees and says that gold-digging is of the character of a lottery; the gold thus obtained is not the same thing with the wages of honest toil. But, practically, he forgets what he has seen, for he has seen only the fact, not the principle, and goes into trade there, that is, buys a ticket in what commonly proves another lottery, where the fact is not so obvious.”
—Henry David Thoreau (1817–1862)
“That doctrine [of peace at any price] has done more mischief than any I can well recall that have been afloat in this country. It has occasioned more wars than any of the most ruthless conquerors. It has disturbed and nearly destroyed that political equilibrium so necessary to the liberties and the welfare of the world.”
—Benjamin Disraeli (1804–1881)