The service of the counter-notice1 does not constitute a contract for sale and purchase of the minerals2; nor is it a step towards such a contract or towards expropriation. The minerals remain the property of the mine owner3, notwithstanding the payment of compensation, which may be, and often is, equal to what the minerals would be worth if sold; but the mine owner may not remove them, nor may the railway or other authority4. It is immaterial that the minerals specified in the counter-notice may be more or less than are in fact necessary for the support of the
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