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GENERAL43165
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GENERAL43165
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Last modified
8/24/2016 8:11:57 PM
Creation date
11/23/2007 12:14:31 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
General Documents
Doc Date
12/8/2006
Doc Name
Citizens Compliant Response
From
Ann Tatum
To
DRMS
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
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I <br />2000 homeowners noticed new cracks in the structure of their <br />residence. In March 2001 they initiated this civil action against <br />Basin, alleging that additional damage to the property had resulted <br />from new subsidence in Basin's mine workings that occurred after <br />December 1, 1997. Homeowners alleged that, pursuant to the <br />Colorado Surface Coal Mining Reclamation Act, ~ 34-33-101, et <br />seq., C.R.S. 2005, and associated regulations, they were entitled to <br />an award of damages based on Basin's failure to perform its <br />common law duty to provide adequate subjacent support for the <br />surface above the mine workings. <br />After a bench trial, the trial court concluded that homeowners' <br />residence had suffered substantial and material subsidence damage <br />after December 1, 1997; that such damage was caused by Basin's <br />underground mining (operations; and that the damage significantly <br />reduced the value of the property. Determining that the diminution <br />in value of the property equaled $670,000, the trial court awarded <br />homeowners damages in the amount of $622,000, consisting of <br />$670,000 less the $48,000 judgment awarded to them in December <br />-- --_____ 1997. <br />3 <br />
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