Elizabeth Wooten, a KFTC member who helped lead the campaign in the 1980s to do away with the broad form deed, died on Monday. She was 91.
Elizabeth and her family fought for many years to protect their land from the strip mining that was rampant in Perry County. The book Making History: The First Ten Years of KFTC, included the following description:
On December 3, 1983, dozens of KFTC members rallied near Bulan at the farm of Perry County widow Elizabeth Wooten … to express their opposition to broad form deeds and their resolve to fight as long as necessary to end their abuses. The Wooten farm lay like a near island, almost surrounded by oceans of strip-mined land. The family had been fighting in court for months to keep Marandco Coal, holder of a broad form deed, off the property, where Elizabeth’s husband was buried. “Before my husband died, he asked [the family] not to let them come on here and strip mine,” Wooten said. “And we’re going to honor that promise. What kind of people would we be if we didn’t?”
With Wooten among the movement’s leaders, KFTC members helped passed a law in the 1984 General Assembly that outlawed the abuses of the broad form deed (these were deeds signed in the late 1800s / early 1900s that severed the ownership of the minerals under the land from the ownership of the land itself; in the 1950s the Kentucky courts interpreted these deeds to allow the mineral owner to strip mine the land without the permission of the surface land owner, and with no obligation to compensate for the damages done).
