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I ~- !~? :y: ~. acs _; ._ _ , _ <br />r- <br />R. <br />_ .~ <br />JIM TATUM <br />:'("HIKU JUUf(.'i AL UfS~ <br />`I <br />l <br />PAGE 06 <br />_ _ _ . __ U._G. XIS: N 4 <br />r <br />support beams. No similar damage occurred to the bunkhouse <br />located on the ptnperc~+..'1'he bunkhouse is. of si~nfilar . <br />construction as the dwelling, but is located much father away . <br />from any mine workings, <br />' Coal in'-de +yorkings nearest the Tatum residence {l a Noah) <br />' was clsaracteriied in the testimony by a mine. forcmaa and mine <br />inspector as very wet with the nezd far constant pumping of <br />water, The floor of this mine was soupy, so~1, and continuously <br />heaving. The walls were, ilakey causing wider than normal <br />mining operations in order 1o shore up and sirengthea walls. <br />The wet, soft floor and diff cult conditions of mining in this <br />. arca~vere unlike other areas of Ilse urine: ivlonitors an the <br />railroad over the mine working sb~wed grouted movement. <br />_. Separation of the ballast from tine lies in the railroad tracks also <br />occurred in the sumn~cr of 2001; as well as twq. breaks in a <br />water line between the Tatum dwelling sad tha #'txst north mine <br />worki~o~s. ~ ; , <br />_ -_Subsidence to the Tatum dwelling is material and quite severe. <br />Their property and dwelling have been substantially and <br />materially damaged and reduced itt value. The threat of <br />_continued subsidence is obvious and makes the current <br />dweilsng unsuitable for stile as a ruts] residence, its current use. <br />Detesmibing the fair..market value of.tbe Tatum residence has <br />piesettted a diffrcuh task. l:n December) 997, this Court <br />""'determined the fai7-market-value of the residence to be <br />$350,000.00: The current fair market value, v4tithout the effect <br />and condition of subsidence is $850,Ofl0. Tire current fair <br />market valve of the properly with the conditi n of subsidence <br />and the prpspect of further a~ubsidcnee is ~l 81,000.00. The <br />TatumS tried'to sell the property for S 1.5 million just before the <br />second incident of subsidence occurred, with no success, and <br />Ann Tatum testified:hat is the value she placed on txte property <br />when listen in August of 2002. The loss or diminution of value <br />su f~'ered ley the Plaintiffs in this case is therefore $670,000. <br />The tesfitripn~a~IJ)r_ Stroh and Mt`; Floyd vs~as n <br />....- 1.I. w ,. .~,.,.,.. vtsci~tifii:; <br />... ~ t.~ . <br />. - ~-._ cwt„ease:rcquuzng.a speetal,fui., ng as to theseliability'vftheir <br />~ -~; ~- . 4estsmnnyi-P'..~'eo~~S}irec3c;-22 P.~d 68 ~Calo. 2UQ1) ;: . <br />Y.' <br />'. <br />..IdN r '~ ' _.., <br />: ' <br /> . <br /> <br /> <br />