GENERAL50475 - Laserfiche WebLink

Home Browse Search

Conclusions of Law 1. The operator of an underground coal mine is liable for damages caused to property by operation of their mining operations. Surface owners are entitled to recover damages caused to their dwellings by underground coal mining subsidence. Here, ground subsidence by the underground coal mining operation of Defendant caused structural movement and material damage to Plaintiffs' dwelling. 2. The measure of damages in a case of coal mine subsidence in Colorado is the "full amount of the diminution of value" as specified by the Colorado Surface Coal Mining Reclamation Act, and regulations adopted pursuant to this Act. See C.R.S. 34-33-103, 121, 133.5, 135(6), and 2 Colo. Code of Regs., 4.20.3(2)(b)(ii). The "full amount of the diminution of value" is not defined in the statute or regulation, nor does the statute or regulation articulate an intent to adopt the conunon law definition. Here, the Court has applied the definition advanced by Plaintiffs that this is a special regulatory measure of damages, and that Plaintiffs must be compensated for the full amount of their damage measured by the value of the property with subsidence and the value of the property without subsidence, calculated as of the date of judgment. 3. It is a fundamental law of equity that a party may not receive duplicate compensation for injuries or damages caused by another. Here, credit to Defendant of $48,000.00 previously paid must be applied to the final Judgment. 4. In any civil action for damages, the plaintiff has the burden of proving their claim by a preponderance of the evidence. To prove something by a preponderance of the evidence means to prove that it is more probably true than not. 5. Colorado law makes no distinction between the effect of direct evidence-and circumstantial evidence. 6. Any person who is injured in person or property through the violation by an operator of any rule or regulation promulgated may bring an action for damages (including reasonable attorney and expert witness fees) against such operator only in the county where the violation occurred. Here, Defendant having failed to compensate Plaintiffs for their damages, Plaintiffs are entitled to an award of attorney fees. C.R.S. 34-33-135(6).