The Montgomery advertiser., 1907-06-21
PECULIAR OBSTACLE
JEFFERSON COUNTY COMMUNITY
 STRIKES UNUSUAL SNAG.
Wanted to Build School Hcuse on Piece of Land Which Owner Would
 Only Sell Surface

In Jefferson County there is . com murity which has struck a peculiar ob- stacle in getting the land on which to build a school house with the help of the State.
 The present owner Is willing to let the surface of the land go. so that school house can be built. but he wants to hold on to the mineral rights for possible coal or dse mine.
 The Attorney General says he can not do this under the law. He must give all or none. Under the terms of the act, the Attorney-General says the land must be held in fee simple by the State.
 This odd case was brought to the attention of the Attorney General by Superintendent H. c. Gunnells, to whom
 1t rhas been referred by the educa- tional authorities of Jefferson County.
 The community affected by the lues-
 tion had made all their plans to build
 a school house and get some help under
 the rural school house bill But the
 man who owned the land believed that
 there was mineral wealth under the
 surface, and while he was>willing to let
 the top of the earth go, he proposed to
 hold on to what might be underneath
 the ground.
 On the question raised ths opinion of
 Attorney General Garber was as fol-
 lows:
 "section 2 of this act provides that
 no money shall be appropriated for the erection of new school building on
 a plat of grounds or less dimension than two acres Section imposes
 certain duties on the county superin-
 tendent of education with reference to the collection of the funds with which the school house Is erected or repaired. and provides that whenever 1t shall be shown to the satisfaction of the coun- ty superintendent of education that a deed has been properly executed. con- yeying to the State of Alabama, for the benefit of said district. the lot or parcel of land on which said public school house is being erected or re- paired and after such deed Is delivered to and accepted by him. the money named shall be. used as therein di- rected.
 ''The act does not in terms require the lot or parcel of lands to be con-
 veyed in fee simple. The following quotation is contained in IS A. and E., Enc. of Law. sec. ed, 14o|~ Tn law, land signifies any ground forming part of the earth's surface which can be held as individual property. whether soil or rock or water covered and ev- erything annexed to 1t, whether by nature, as trees, water. etc, or by the hand of man. as buildings, fences. etc.
 The word when in a deed includes not only the naked earth. but everything within it. and the buildings. trees. fix lures, fences, stones. minerals, waters. and herbage upon It.
 "As the word land is used here, the | conclusion can not be escaped that anything less than deed to the land in its fullest sense will not comply with the law. It Is at once apparent that a deed to surface right only is not a deed to a lot or plat of land as the word land is used in law. As the act | is silent on this question. my conclu- sion is reached as matter of con- struction. If. by following this opin- ion, hardship will be worked as indi-
 cated In your letter, suggest that you
 have the act amended as you may think best"