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vt' <br />(Dist.Ct., Las Animas County, Colorado, Dec 1, 1997). The Court expressly considered the cost <br />of past and future repairs when making this calculation. Id. at 4. <br />Under the regulations applicable to coal mines in Colorado, where an underground mine <br />causes material damage or reduces the value of surface lands, the obligation of the company is to <br />either repair or replace the structure or compensate the owner for the full amount of the <br />diminution in value resulting from subsidence." 2 Colo Code Reg. 407-2, §4.20.3(2)(b). As <br />noted above, subsidence from the Golden Eagle Mine has not affected the Tatum property after <br />1997. Even if it had, however, Basin would not have violated the state's coal program because <br />the payment to the Tatums of the diminished fair market value of their property in 1997 fully <br />compensated them for all and any possible subsidence damage to their property, whether past or <br />future. <br />The significant fact is that Basin paid the Tatums the diminished fair mazket value of <br />their property and not the cost of repair. Basin understands that [he cost of repairs actually <br />undertaken by the Tatums was less than $48,000 and thus any further payment to them would be <br />a windfall. By ordering payment of the diminished fair market value for their property, the Court <br />compensated the Tatums for permanent injury to their property. If the Court had intended to <br />compensate the Tatums only for temporary injury, it would have ordered Basin to pay the cost of <br />repair. See, ems., Terra-Products, Inc. v. Kraft General Foods. Inc., 653 N.E.2d 89, 91-2. (Ind. <br />App. 1995) (copy attached as Exhibit D). <br />Basin therefore asks that the Board find as a fact that the award of the diminished fair <br />market value of the property to the Tatums in 1997 precludes any future violation of the <br />Colorado coal program arising from subsidence damage to that property. <br />