Mining Consultants - John T. Boyd Company - Publications

The following is a mining related publication by BOYD, professional mining consultants serving mineral producers, consumers, investors, and advisors.

For information on obtaining any of these John T. Boyd Company mining publications, please contact us.

Whitney Benefits:
A Case Study of a Mineral Rights
Appraisal in Association with a
Regulatory Taking

PDF file size - 966 KB

Paper by Richard L. Bate. Presentation February 29, 2000, at the Annual Meeting of the Society of Mining Engineers in Denver, Colorado.

Boyd mining consultants report on Whitney Benefits regulatory takings Abstract

The Whitney Benefits coal property was the subject of a lawsuit in the U.S. Claims Court seeking compensation for the "taking" of the property via enforcement of the Surface Mining and Reclamation Act of 1977. This paper describes several issues relevant to the associated property appraisal and the U.S. Court of Federal Claims decisions relative to those issues. These include definition of the precise property interest taken, use of the income appraisal approach, "highest and best use," reliability of "speculative" assumptions, and treatment of risk. Although the Whitney Benefits Case was decided over ten years ago, these issues remain constant in valuing mineral property "taken" by regulatory actions.

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