ELR Citation: ELR 20166
No(s). C80-933A (N.D. Ohio Oct 7, 1980)

The court rules that §522(e)(5) of the Surface Mining Control and Reclamation Act (SMCRA), which prevents mining within 100 feet of a cemetery, does not violate the Takings Clause of the Fifth Amendment. Determining that a family burial site did not constitute a "cemetery" within the meaning of the...