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4 J. Min. L. & Pol'y 213 (1988-1989)
Akers v. Baldwin: The Broad Form Deed Dilemma Revisited

handle is hein.journals/jnatrenvl4 and id is 219 raw text is: Akers v. Baldwin: The Broad Form Deed Dilemma Revisited INTRODUCTION An article in the initial publication of this Journal' addressed the constitutionality of Kentucky's Mineral Deed Act2 and con- cluded that it is clear that the final word on broad form deeds in Kentucky has yet to be heard.3 Two years later in Akers v. Baldwin, the Kentucky Supreme Court proved the truth of those words.4 Akers is the latest in a long line of decisions addressing the rights granted by the infamous broad form deed.' This Comment will address the ramifications of Akers v. Baldwin in a three pronged analysis: (1) summarizing the judicial history of broad form deeds so as to put the Akers decision in proper perspective, (2) analyzing the holding of Akers, and (3) assessing the future implications of the decision. I. HISTORICAL BACKGROUND A. Broad Form Deed Owners of real property have the right to sever the mineral and surface estates.6 This right to sever, which creates separate and distinct legal estates in land, results in a conflict between the owners of the surface and the owners of the minerals there- ' Pfeiffer, Kentucky's New Broad Form Deed Law - Is it Constitutional?, 1 J. MiN. L. & POL'Y 57 (1985). 1 Ky. REV. STAT. ANN, §§ 381.930-.945 (Bobbs-Merrill 1984) [hereinafter KRS]. See infra note 90 for the text of the statute. Pfeiffer, supra note 1, at 96. Akers v. Baldwin, 736 S.W.2d 294 (Ky. 1987). See infra notes 11-14 and accompanying text. Kincaid v. McGowen, 4 S.W. 802 (Ky. 1887). See Pfeiffer, supra note 1, at 57 (noting 4 S.W. 802).

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