This is a clear explanation of the rights of Desert Fox to mine under the town of Miami. As I said before when Mr. Van Dyke built the town of Miami he reserved the right to mine from 40 feet below the houses. This lawsuit has extended that right to 500 feet down, with some liability over surface subsidence. Since they are looking at leaching that shouldn't be a big issue (but what do I know?)

It was a July, 1982 report about the outcome of a lawsuit in the U.S. District Court brought by the Miami Town Government against the Occidental Minerals Corporation which had an option to explore/mine copper under the town. The Van Dyke interests, owner of these mineral rights, was also a plaintiff.

Federal Judge Mary Anne Richey dismissed the suit brought by the town of Miami against Occidental and Van Dyke, and approved an agreement which would allow the plaintiffs to recover copper from under the community. But, this pact also nullified the original deed restrictions imposed on surface property owners which prohibited them from filing for damages in the event of surface subsidence occurrences from mining under their houses or buildings, plus extending the ownership of surface property owners from 40 feet to a depth of 500 feet below, with Van Dyke continuing to own the mineral rights.

It also called for companies mining under Miami to file a $500,000 bond with the town government to ensure compliance of this agreement, in addition to providing public liability insurance protection of one million dollars plus one million dollars protection for property damage.

Too, this document approved by Judge Richey says that any copper mining operations must not create injurious noises, vibrations, fumes, smoke, dust, heat or create any hazard to life or property on the above surface.