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By E. Roman, M. Brissette

"For its end of life, Kemess Mine processed its difficult-to-treat hypogene ore from the east pit, which is a lower grade copper and higher pyrite content gold ore. Metallurgical testwork showed that improvement was possible with finer grinding. In July 2010, small grinding media were introduced into the regrind mill resulting to a nearly 50% decrease of the power draw with a finer grind, an increase of 1.1% in the final copper grade, an increase of 1.2% in copper and 2.9% in gold recoveries at the cleaners. The overall recoveries of copper and gold increased by 0.6% and 1.3% respectively.INTRODUCTION Kemess Mine was located at 430 km North West of Prince George in North Central British Colombia. Its production started in May 1998 by Royal Oak Mines and was acquired by Northgate Exploration in 2000. Kemess reached its end of life production with its last of production on March 9th, 2011. The concentrator nominal capacity was 56,000 TPD consisting of a primary gyratory crusher feeding two identical conventional SAB circuits totalizing 35,840 kW available for grinding. Rougher flotation consists of four parallel rows of eight 130 m³ tank cells to produce a concentrate of 2% Cu and 6 gr/t Au which was pumped to a 5 m x 10.8 m regrind ball mill. The regrind installed power was 4,480 kW to generate a final grind of 80% passing 40 microns. This product fed the two stage cleaner flotation circuit, first stage being two parallel rows conventional 17 m³ Denver cells and second stage, two 3.3 m x 11.0 m flotation columns in series, designed and constructed by Kemess, to produce a 22% copper concentrate grade. The cleaner flotation middlings were returned back to the regrind mill (Froehling, Mohns, Roman & Grady, 2005; Froehling, Mohns, Rajwani & Fullam, 2007). The large copper-gold porphyry deposit was composed of 15% of oxidized supergene and leach cap ore and 85% of hypogene ore having three major alteration zones, mainly characterized by their sulphur/sulphide content. Chalcopyrite is the main copper mineral species with minor bornite. Gold was mainly present as free gold or electrum. The first alteration zone consisted of a phyllic alteration characterized by moderate and intense sericite alteration which had the highest mill throughput and twice the mine grade when in contact with the supergene horizon. The second zone consisted of a potassic alteration characterized by more competent groundmass and moderate to intense quartz stockwork which had a slightly lower mill throughput. Finally, a third alteration found beneath and on the east side of the deposit having almost no quartz stockwork and hardened groundmass, sulphide content is two to four times more. This zone had the lower mill throughput with significant drop in the mine average gold and copper grade. Through its mine life, the average life of mine copper head grade was 0.21% Cu and 0.64 gr/t Au. Head grades began to decrease from 2008 to be substantially lower in 2011 as shown in Table 1."

Jan 1, 2012

By H. McSorley

"I note that many of you are involved in the production of zinc, lead and copper concentrates and metal, which I am the most familiar with among the non-ferrous metals. This afternoon, I will describe briefly the responsibilities of a commercial manager within a mining/metallurgical company, the basic framework of a non-ferrous metals concentrate agreement and lastly, a brief discussion of the copper, zinc and lead concentrate and metal markets.I hope this talk will contribute to a better understanding of the business between all of us and look forward to a discussion after the presentation.First of all, I work for Noranda Sales, which is the marketing and sales agent for Noranda Minerals' three operating units: Noranda Copper, Noranda Zinc and Mining Corporation. In addition, Noranda Sales acts for other mining companies in the marketing of their raw materials and metals. Noranda Sales is responsible for procuring all raw materials for Noranda's metallurgical plants, such as the Copper Group's Forne and Gaspe smelters, as well as the sale of surplus concentrates and by-products and metal products. In addition, Noranda Sales trades metals and concentrates and owns a metal brokerage business, Rudolf Wolff, a founding member of the London Metal Exchange. It does $3 billion of business in 60 countries, exporting some 80% of Noranda Minerals' output to the world.What are the responsibilities of commercial management in resource marketing to the mine and metal producers?Resource marketing and commercial administration involves assistance in establishing exploration priorities, contributing to feasibility studies, pre-production planning, product promotion and realization of income for many properties and metallurgical plants through completion of supply and sale agreements with other companie"

Jan 1, 1988

By W. L. Zeigler

During the middle 1880's, shortly after the discovery of silver-lead ores in the Coeur d'Alene district of northern Idaho, it became apparent that concentration of the ores would be necessary to obtain a profitable product. Too much siliceous material was present for direct smelting, and the majority of the ores found at depth were too low in metallic content for economic smelting processes at the time. As the ores occurred in quartzite shear zones with siderite and quartz gangue, a large quantity of waste material was present in all the mines. As the galena was not finely disseminated, this made possible relatively good extraction of the argentiferous galena by coarse concentration. The first concentrators consisted mainly of coarse crushing, screening and jigging, principally by Harz jigs, the slimes being treated on buddles. Later Wilfley tables took the place of sand jigs and vanners superseded the buddles. Because of the marketing conditions, no attempt was made until 1900 to effect a recovery on the zinc minerals present, which were found associated in varying amounts with the galena. All through this period, the greater part of the production was obtained from mines containing ore assaying high in lead and low in zinc. Parts of some ore bodies would be reversed in this respect, so that ores high in zinc were left intact. During the decade after 1910, several important mines, The Success and The Interstate Callahan, containing ores high in zinc, were put into operation and were a material aid in the needed zinc production during World War I. Gravity concentration by jigs and tables was used during this period, with bulk flotation increasing in popularity for the treatment of the fine material that had already been treated by ordinary slime concentrating machinery. No extra fine grinding for flotation concentration was thought profitable at the time. Tailings Discharged into Streams From the start of mining and milling operations in this district until 1904, no attempt was made by the various mills in the upper district to impound or stack their tailings. They discharged them directly into the adjacent creeks or streams, to be carried away by high water. The Bunker Hill and Sullivan and the Last Chance mines, both in the relatively flat valley of the district, stacked huge piles of the coarse jig tailings on the near-by river bottom. Rain and snowfall are heavy in the Coeur d'Alene district, as it is on the heavily timbered Pacific slope of the Bitter Root Mountains. A heavy runoff occurs every spring and there is an occasional flood of disastrous proportions when warm "Chinook" winds accompanied by rain

Jan 1, 1949

Titanium and Zirconium Industries Pty. Ltd. separates rutile and zircon from heavy mineral concentrate recovered from sand dunes on the east coast of North Stradbroke Island, Queensland. Separation plant feed is delivered to Dunwich, on the west coast, by a seven mile aerial ropeway traversing the island. Mining and concentration is effected by two floating dredge-concentrators now operating on the beach 31; miles from the aerial ropeway terminal. Heavy mineral concentrate is transported hydraulically from the dredges to the ropeway through a 6 in. pipeline. Six pumps in series deliver 24 ton/hr of dry solids in a pulp containing 13 per cent solids. For maximum economy the transfer pumping system is controlled deliberately to cause transportation in the zone of incipient settlement of solids, ieat velocities below the limit deposit velocity for the particular pipe diameter, pulp density, and specific gravity of solids. Automatic density control, based on a combination of power consumption and pipeline pressure, eliminates the danger of plugging the line but periodic flushing is necessary to remove gradual accumulation of solids in the bottom of the pipe. After 15 months operation the pipeline was descaled with hydrochloric acid to remove severe blistering with rust nodules, regrowth of which is now prevented by continuous injection of inhibitors. After transporting 100,000 tons of heavy mineral the average wear on the steel portion of the pipeline was 0·01 in. and indications are that wear on the asbestos cement portion is less.DESCRIPTION OF OPERATIONSGeographyTitanium & Zirconium Industries Pty. Ltd. (T.A.Z.I.) operates on North Stradbroke Island, some 30 miles southeast of Brisbane, Queensland. The island is approximately 25 miles long and eight miles wide, and is bounded on the east by the Pacific Ocean and on the west by Moreton Bay (Fig. 1). With the exception of a small outcrop of volcanic 1. Manuscript received at The Institute. 8th May. 1962. This paper was presented at the Annual Conference of The Institute. 5th-11th August. 1962.

Jan 1, 1962

Igneous phosphate deposits located in tropical and subtropical regions of the world are characterised by low P2O5 grades, very diversified mineralogy and intensive lateral plus vertical variations in chemical composition, mineralogical assembly, rock texture, grain size, slimes content and morphology plus surface coating of apatite particles. Those variations characterise ore types with distinct behaviour in mineral processing plants. This work reviews the main challenges to concentrate those ores, addressing developed solutions. Apatite concentration requires long chain anionic collectors to conduct reverse flotation of barite (alkyl sulfate) before direct flotation of apatite (sarcosinate, sulfosuccinate and oleate) at basic medium. The long chain collectors decrease the surface tension of the flotation solution (?LV) and a particular value of 51 mN/m was found to promote the most selective separation between apatite/gangue at a particular plant. Effective control of the magnitude of ?LV in industrial plants has not been realistic because there is a lack of reliable instruments to carry out in-situ measurements. Regarding gangue depression by starch, a review is made on possible mechanisms that promote its remarkable ability to depress some minerals (Fe-oxides, ortho plus meta silicates and calcite) vis-a-vis others (quartz, apatite and layered silicates). Flotation recovery (R) of fine (20<R<30 per cent) and coarse (30<R<60 per cent) apatite particles is considerably lower than the recovery of the intermediate ones (R>70 per cent) and inadequate hydrodynamic conditions within flotation cells are the main reasons for that behavior. Once the best hydrodynamic conditions to float coarse particles are not the same to float the fine ones, flotation of coarse and fine particles is commonly conducted at separated circuits in industrial scale. Entrainment of very fine gangue particles is an important source of contamination of apatite concentrates, mainly when weathered ores are treated. In most cases, adjustments in flotation equipment (columns or mechanical cells) promote considerable improvement in the quality of final concentrates.

Sep 13, 2010

By R. Biss

"Niobium or columbium, as usually called in North America is becoming a more and more important metal in the industrial world because of its attractive properties.Eventhough discovered in the early nineteenth century, it was not until the 1930's that its use became more widespread. The discovery of large commercial deposits in the late 1950's and the demand of industry for steel with high strength and toughness further promoted its use. To assure its adequate supply new or-e processinr technologies had to be developed. So, beside the traditional gravity concentration, the flotation process was employed for the partial upgrading of pyrochlore concentrate at S8ve (Norway) plant in 1953. The flotation process was equally used at St-Lawrence Columbium plant in the province of Quebec, Canada. The new plants at Araxa and Catalao in Brazil and at St-Honore, Canada, which supply almost of all niobium used today in the non-Communist world, also adopted the flotation process. The processes using long chain aliphatic rnonoarnines, diamines or sulfonates as collectors proved to be difficult especially on weathered types of ores or on those having a substantial content of silicate gangue minerals. They almost completely failed in case of alkaline intrusive rocks as syenites, nepheline syenite, ijolites and pyroxenites, composed almost entirely of silicate minerals. A lot of effort was devoted all around the world on research of new, more efficient flotation processes. So in 1982, Les Services T.M.G. Inc. (Niobec), sole producer of pyrochlore concentrate in North America, developed the direct pyrochlore flotation process from carbonatites. In 1983, at about the same time, the Quebec Department of Natural Resources Laboratories and Les Services T.M.G. Inc. announced a successful recovery of niobium Minera1s from a low grade nenheline syenite ore."

Jan 1, 1984

Concentration of Phosphate Ore by Flotation With/Without Desliming

Sep 13, 2010

The following brief paper is intended, to apply to the concentration of the silver-lead ores at Broken Hill, New South Wales, generally, but more particularly to the process as applied to the ores in the Block 10 mine. The attached plans are similar inmany respects to those prepared, recently for the Block 10 company.Most of the information here given is already well known to those members who are conversant with the concentration practices of this field, but it is the writer's object to give just a few of those figures which he found difficult to obtain when first engaging in practical work. At that time no text-books were at hand from which it was possible to get sufficient details for practical working purposes.It is first supposed that the mine has been thoroughly explored and has been found to contain a lbde sufficient in size ·and quality to warrant the erection of a concentrating plant. The points then to determine are:-(1.) The quantity and cost of water available for steam-making and ore-dressing purposes.(2.) The most convenient site for the mill.

Jan 1, 1904

Beaches contain the residue of eroded rocks which have resisted weathering, and it is common to find in all beaches some of the harder, heavy minerals. The natural sorting action of waves and winds tends to concentrate the heavy minerals into banded deposits.The value of such deposits is extremely variable. Even amongst the more concentrated deposits, the principal minerals, in the vast majority of cases, are magnetic, titaniferous magnetite and other forms of iron oxide, which, in the present state of mineral economics and technology, are of little or no value.Valuable minerals of fairly common occurrence in beach sand deposits are rutile, zircon, ilmenite, monazite and chromite, and each of these minerals, as well as others of less common occurrence, is obtained from beach deposits in various parts of the world.Along a stretch of 300 miles of coast from Coff's Harbour in New South Wales to North Stradbroke Island in Queensland, occur unique concentrations of heavy minerals. The principal minerals which occur are rutile, zircon and ilmenite, and for some years these deposits have contributed half to three-quarters of the world's consumption of rutile and zircon 1, ,2. The only other notable beach sand concentrations in Australia are at a number of places in the southwest of Western Australia, where deposits containing highgrade ilmenite are being developed.

Jan 1, 1950

The gold concentration profiles which develop inside the activated carbon particles during the adsorption process were measured, so as to obtain additional direct proof of intra-particle mass transfer rate-control and to determine how individual carbon particles in a population vary in their gold uptake behaviour. The observed gold concentration profiles inside the activated carbon particles were typical of situations where an intra-particle mass transfer mechanism is rate-controlling. Gold di-cyanide penetrated the carbon particles with a wave-like front until it was uniformly distributed throughout the particle. This corresponds with the profiles predicted by the film and surface diffusion model. However, the rate with which gold di-cyanide was transported inside the individual carbon particles varied within the population of carbon particles. This variation was characterized by a lognormal distribution in surface diffusivity. Because the estimated variances of these surface diffusivity distributions were small, the dynamic adsorption behaviour of the carbons used in the present study did not deviate significantly from that predicted by a model based on film mass transfer and a single surface diffusivity. Van Deventer (1984, 1985 and 1986a) reported data that could not be adequately described by a model based on film mass transfer and a single surface diffusivity. In this study a model based on film mass transfer and a wide lognormal distribution of surface diffusivity values was applied to his data. It was shown that a population of carbon particles with a wide distribution in surface diffusivity values could offer an alternative explanation to the mechanism proposed by Van Deventer which was based on film mass transfer, with partitioning of the carbon into micro- and macropores with surface diffusion in the macropores and slow mass transfer into the micropores.

Jan 1, 1997

By Martin Nevens

"In 1998, the Iron Ore Company of Canada initiated an aggressive program to improve the performance of its Carol Lake Concentrator located in Labrador City, Newfoundland. This program was termed the Concentrator Upgrade Program. The Concentrator Upgrade Program was a group of initiatives developed with the common goal of improving the overall process and operations of the IOCC Carol Lake Concentrator. The main goal of the program was to increase the annual production capacity of the concentrator from 18.0 million tomes to 21.6 million tomes. This gain in capacity was to be done mainly through improvements in process iron recovery. The target iron recovery value was 80+% versus a historical value of 70%. This improvement in iron recovery would translate to a natural weight recovery improvement from 44% to 50%.The Concentrator Upgrade Program provided the first opportunity in 30 years to make fimdamental changes to the concentrator flowsheet. To accomplish this, several pilot plants were built to evaluate new circuits. AAer 2 years, a new flowsheet was selected for the primary gravity separation circuit and the magnetite circuit. The centrepiece of the new flowsheet was the introduction of Hindered Settling Separators to the metallurgical process.The Concentrator Upgrade Program has since proceeded into detailed engineering and, as of February 2001, construction. The first one of IOCC’s 3 primary AG Mills (Mill 11) has been converted to the new flowsheet at the time of writing and is in the throes of commissioning. This paper will review the flowsheet development program in the pilot plant for the gravity separation circuit and examine the overall benefits to the operation of the IOCC Carol Lake Concentrator."

Jan 1, 2002

By Roberto J. Guardia, Robert A. Robinson, John Wilkerson, Wick Haxton

Several candidate sites have been proposed for the Deep Underground Science and Engineering Laboratory (DUSEL), a facility that would provide over 2000 meters of overburden to screen out cosmic rays that would otherwise interfere with experiments. Types of anticipated experiments include: detection of dark matter and stellar neutrinos, and evaluation of deep microbial life forms. Engineering experiments might include more refined scanning devices to “see” rock defects ahead of tunneling, improved predictive models for groundwater inflows and tunnel support requirements, and improved instrumentation for monitoring in-situ stresses, rock deformations, and pore water pressures. Spin-offs from this research might include more sensitive security detectors for scrutinizing shipping containers, new drugs based on new microbes, and improved sensor systems for tunneling. A site near Leavenworth, WA, was assessed and shown to have numerous topographic and geotechnical advantages. Rock cover is on the order of 2250 meters. The granitic bedrock is suitable for tunneling a variety of large underground openings.

Jan 1, 2005

By D A-F Batchelor

"An EXTENDED ABSTRACT is available for download. A full-length paper was not prepared for this presentation.South-East Asia represents the world’s most productive tin province, mainly from placers. Kalimantan has been a major diamond producer, while in the 1980s a placer gold rush occurred in Indonesia and Malaysia. Reviewing extensive geological and mining data highlights phenomenal palaeo-environmental changes in the Sundaland region, interpreted to be responsible for generating ‘giant’ placers. Correlation of the Late Cainozoic stratigraphy has been facilitated from mine exposures and drill holes distributed throughout Peninsular Malaysia, the Indonesian Tin islands and Kalimantan, including contiguous marine areas with extensive shallow seismic profiling data. Knowing the association of rich placers with palaeo-environmental episodes and stratigraphical units has been helpful to facilitate their discovery. All three placer commodities responded similarly to region-wide landscape evolution following Mio-Pliocene high sea levels. Commencing with major regression, important stages comprised: a long period of landscape stability with deep weathering during the maximum Sundaland extent gradually rising sea levels/precipitation initiated slumping of mineralised regolith to form fans, later reworked by braided streams with aggradation (Old Alluvium); during episodic pluvial periods downcutting upgraded placers significant change occurred around Middle Pleistocene time with peneplanation and pedogenesis from Late Pleistocene time ‘modern’ fluviatile deposition (Young Alluvium) filled incised V-shaped valleys.Placer seams show systematic variation in stratigraphic position, in particular cassiterite especially occurs in the Old Alluvium (equivalent Upper Dahor Formation in Kalimantan). Gold is commonly richer in gravelly younger deposits, partly because of secondary precipitation within permeable alluvium. Reworked diamonds are predominantly concentrated especially in younger fluviatile alluvium.CITATION:Batchelor, D A-F, 2015. Conceptual exploration for tin, gold and diamond placer deposits in ‘Sundaland’ (Indonesia and Malaysia) by understanding the late Cainozoic stratigraphic context, in Proceedings PACRIM 2015 Congress, pp 499–506 (The Australasian Institute of Mining and Metallurgy: Melbourne)."

Mar 18, 2015

IN discussing the art of the goldsmith, it is apparent that it is an art requiring skill. He who wishes to be acclaimed a good master therein must be a good universal master in several arts, for the different kinds of work that come to his hands to be done are infinite. Those who work in gold and silver must outdistance all other craftsmen in learning and achievement to the same degree that their materials outdistance other metals in nobility. Therefore, it is necessary first of all to be a good designer, because design is the key that opens the doors not only to the goldsmith's craft but to all others. Then it is necessary that he understand melting and that he know well how to work with a hammer and how to use flat gravers and burins in engraving, as well as files and chisels. He must also possess certain secrets that are needful to the art, which in truth are parts of alchemy, such as softening gold when it is brittle and raw, coloring it when it has little color, soldering, enameling, working in niello, blanching, gilding, and an infinite number of things which must all be known in detail. But above all he who wishes to do this art well must be very patient in working, must know how to mould and how to proceed with the melt and with the file, hammer, chisel, or other implements for bringing his gold or silver work to the final state which he plans. He must also have good judgment in gems and know well how to recognize every [134v] good or defective quality they possess, and to distinguish the false gem from the true, either when set or when unmounted, as there is need; also how to value them both in buying or selling and in satisfying others who seek his appraisal. He should also be experienced not only in the technique of melting but also in the methods of assaying, parting, refining, cementing, and the like, and still many others. But if I wished to tell you of every part

Jan 1, 1942

By Paul Kunze

When a new bridge was needed across the upper reaches of the Yellowstone River in Montana, removing the old concrete bridge piers became an environmental concern for the highway department engineers. The location is about fifty miles downstream from the north edge of Yellowstone Park. The determination was made by the federal and state agencies charged with protecting the resource, that the old piers had to go but the river bed had to remain unchanged. Concerns were expressed that removing the concrete presented the potential for environmental damage to this protected portion of the river. These concerns prompted the state to place stringent restrictions on the contractor in the way they carried out the demolition and disposal of the piers. The reinforced concrete masses had to be removed to an elevation at least fifteen feet below the river bed and every bit of concrete debris had to be removed from the river channel. Explosive removal was discouraged, but the only other options: saw cutting, mechanical or chemical breaking, were not viable.

Jan 1, 2014

By George S. Rice

[This paper gives the details of tests to determine the design of stoppings capable of withstanding a pressure, applied to either side, of 50 pounds per square inch,6 as required by section 104 (a) of the Operating Regulations to Govern Coal-Mining Methods on Leased Lands on the Public Domain, issued in 1921 and quoted oil page 3. The regulations stipulated that the design for such stoppings must lie approved by the United States Bureau of Standards. The engineers of that organization felt that knowledge of the strength of such structures with respect to the effect of explosion pressure in comparison with static pressure and the strength of the walls which furnish the abutments was insufficient to justify drafting specifications; therefore, tests were needed to give information upon which a rational system of design could be based. A study was then begun; and several series of tests, made by the United States Bureau of Mines and the United States Bureau of Standards in cooperation, grave information upon which are based the detailed specifications offered in a later section. Slabs representing concrete stoppings, with and without reinforcement, were tested at the Bureau of Standards in Washington D. C.; afterwards, full-scale stoppings were tested at the Bureau of Mines Experimental mine near Pittsburgh. It was assumed that in most coal mines the strength of the floor and roof could not be relied on, but dependence must be placed upon the strength of the coal ribs. The tests developed that the maximum strength of an unreinforced concrete stopping was obtained when it acted as a flat arch buttressed against the coil ribs; but its ultimate strength depended upon the resistance to movement offered by the coal strata against which its ends were restrained or buttressed.]

Jan 1, 1931

By Robert Thomas

DURING the past 20 years the advantages of reinforced concrete as a substitute for timbering in so-called permanent mine openings have been fully recognized, and its use has become almost general practice in the larger mines. The term "permanent mine openings" is used advisedly and is assumed to embrace such openings as ventilation shafts, material shafts and main hoisting shafts, with their adjacent stations, ore pockets, etc. In the concreting of such openings, the actual cost as compared with that of timbering has been of secondary consideration, the support of large openings, elimination of fire hazards, and prevention of inter-ruptions to production being the primary objectives. The ultimate economy, however, of lining such openings with concrete when they are to remain in use during the entire life of the mine, and especially when they are in bad ground, will seldom be questioned. During this 20-year period there have appeared in engineering publi-cations a number of interesting articles on the use of concrete in mines, nearly always describing some specific project of major proportions, such as the concreting of ore pockets, large stations or main hoisting shafts. Such articles are unquestionably of interest, since the projects require considerable engineering thought, not only in the method of excavating large openings, but in their engineering design as well. Concreting of main hoisting shafts, particularly when this is done with the least possible interruption to production, provides some interesting problems. The concreting of haulage drifts of the dimensions commonly found in mines, on the other hand, soon develops into a routine operation, there-fore it is with some hesitancy that the author attempts to prepare an article on this subject. The writer can recall only one article on the concreting of mine haulageways, although several articles have been written concerning the concreting of tunnels considerably larger in dimensions than those required in general mine practice.

Jan 1, 1936

By Edward M. Dowey

The concrete lining for a long 8.05 km (5 mi) section of New York City Water Tunnel No. 3 was cast in place. The contractor, Grow-Perini-Skanska, placed over76,841 m3 (100,505 cy) of concrete, pouring 24 hours per day, 5 days per week. The concrete was dropped 204 m (670 ft) to the tunnel level, transported by rail to a concrete remixer and pump, and placed in 146.3m (480 ft) of full circle forms. Some of the many challenges include the sheer magnitude of the job, navigating through drifts, a raise and curves, dealing with ground water inflows, and placing the concrete within time limits.

Jan 1, 2001

By M. C. Azar, W. B. Mason, G. L. Anderson

Eminent domain overview Eminent domain is the power of the Government or a municipality to take property for public use without the consent or acceptance of the owner. Typically, the agency taking the prop¬erty will make an offer, hoping the owner will immediately accept and allow work to begin. If a mutual resolution regard¬ing its value cannot be reached, how¬ever, the municipality will institute a condemnation action in court seeking possion of the property. This is when the problems begin. The power of the Government to take the subject property is limited by Federal and state constitu¬tional requirements to pay "just com¬pensation" for the property. The exact nature of an owner's prop¬erty has been the subject of much debate and discussion. It is generally under¬stood, though, that property is consid¬ered to be "every kind of right or inter¬est, capable of being enjoyed and recog¬nized as such, upon which it is practi¬cable to place a money value" (US vs. 53 114 Acres of Land). A taking, for condemnation purposes, is considered to occur whenever there is a substantial interference with the free use and enjoyment of the property. Rarely is the necessity for the taking ever challenged and more rarely is the taking ever successfully challenged. When a taking occurs, it is not only the fee owner who is entitled to compen¬sation. Every person holding an interest in the subject property will be recog¬nized. Thus, all persons who at the time of taking have a compensable interest in the property will be made parties to the case (Swanson vs. US). Minerals, like all other interests in land, are recognized as property rights, giving the owner the power to dispose of them as he or she sees fit. Thus, the only remaining considera¬tion is only "just compensation." Ex¬actly what "just compensation" is has been difficult to define. Generally, it is that amount of money that will "put the person in as good a position as the per¬son would have been in had the taking not occurred." The owner must not be forced to sacrifice or suffer by receiving less than full and fair value for the prop¬erty. Every element that effects the value of the land and that would influence a purchaser must be evaluated. Courts have employed a variety of techniques to determine just compensa¬tion but have generally relied on market value as the standard for measuring compensation to the owner. The deter¬mination of market value is based on sales, income, costs, and use. These factors have been employed in various ways but can be summed up as: -The highest estimated monetary price the property will bring if exposed for sale in the open market with a reason¬able amount of time allowed to find a purchaser who is buying with knowl¬edge of all the uses and purposes to which it is adapted and for which it is capable of being used. • The amount the property would bring if it were offered for sale by one who desired, but was not obliged, to sell, and was bought by one who was willing, but not obliged to buy. • What the property would bring in the hands of a prudent seller, at liberty to fix the time and conditions of sale. • What the property would sell for in negotiations resulting in sale between an owner willing, but not obliged to sell, and a buyer willing, but not obliged to buy. • What the property would be rea¬sonably worth on the market for a cash price, allowing a reasonable time to affect a sale. (Michigan Standard Jury Instructions). Special consideration regarding mar¬ket value is given when the taking is only partial, rather than complete. An example of this partial taking is when a state highway cuts across the northern half of a parcel of property, leaving the rest behind for the owner. A variety of problems can be immediately seen. In a partial taking, the owner is permitted to recover not only for the property taken, but also for any loss in the value of the remaining property. The measure of compensation for partial taking purposes is generally the difference between the market value of the entire parcel before the taking, and the market value of what is left of the parcel after the taking (Michigan Stan¬dard Jury Instructions). Determining the partial taking value for mineral bear¬ing lands is the difficult issue.

Jan 1, 1989

By Jr. Mason

Eminent Domain is the power of the government or municipality to take property for public use without the consent or acceptance of the owner. Typically the agency taking the property will make an offer on the property, hoping that the owner will immediately accept and allow work to begin. If a mutual resolution regarding the property value cannot be reached, however, the municipality will condemn the premises and institute a condemnation action in a court of law, which is when the problems begin. The power of the government to take the subject property is limited by the Federal and State constitutional duty to pay "just compensation" for the property.

Jan 1, 1989