Pennsylvania Coal Co. v. Mahon

260 U.S. 393 · Supreme Court of the United States · 1922

Property Assigned in 24 casebooks

Case brief summary

Rule

Government can regulate private property to protect public safety, but if the rule destroys too much value or use of the property, it becomes a taking that must be paid for.

Facts

A coal company sold land but kept rights to mine coal beneath it, with buyers accepting mining damage. A later law banned mining that caused buildings above to sink, making the reserved mining rights worthless.

Procedural history

The trial court blocked the law as unconstitutional. Pennsylvania's Supreme Court reversed, upholding the law and ordering an injunction against mining. The coal company appealed to the U.S. Supreme Court.

Issue

Does applying this state law to stop the coal company from mining, without paying it anything, go beyond the government's police power and amount to an unconstitutional taking of property or an unconstitutional interference with a contract?

Holding

Yes. The law destroyed the coal company's property and contract rights without payment, counting as an unconstitutional taking under the Contract and Due Process Clauses.

Reasoning

The law destroyed nearly all practical value of the coal rights. Since this mainly protected private homes, not true public danger, and notice could have solved the problem, the law wrongly took property without compensation.

Opinions

Majority (Holmes): A regulation that destroys almost all the value of a legally reserved property right goes too far and becomes an unconstitutional taking without compensation.

Dissent (Brandeis): The law simply stopped a harmful use of land to protect public safety, which is a valid use of police power and not a taking requiring payment.

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What right did Pennsylvania Coal Company reserve in its 1878 deed conveying the surface?

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What did the 1878 deed between Pennsylvania Coal Company and the surface owner say about mining rights and subsidence risk?
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