When a State Agency permanently physically occupies a right-of-way and thereby completely blocks physical access to a subsurface owner's recognized, taxable real estate interest in coal, has a compensable taking occurred under the Fifth and Fourteenth Amendments to the U.S. Constitution?

QUESTIONS PRESENTED Issue 1: When a State Agency permanently physically occupies a right-of-way and thereby completely blocks physical access to a subsurface owner’s recognized, taxable real estate interest in coal, has a compensable taking occurred under the Fifth and Fourteenth Amendments to the U.S. Constitution? Suggested Answer: Yes. Issue 2: When a permanent physical occupation of land that causes a complete denial of access to a recognized real estate interest has occurred, can a court apply an ad hoc factual inquiry in its takings analysis instead of following a per se physical takings analysis and thereby add a requirement that a mining permit must exist or must be likely to be issued in order for a taking to occur? Suggested Answer: No. Issue 3: Does the explicit disparate, negative treatment of subsurface estate owners when compared to surface estate owners constitute a violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution? Suggested Answer: Yes.