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CHAPTER 45-5

RIGHT-OF-WAY TO MINES

45-5-1      Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures.
45-5-2      Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
45-5-3      Order to show cause--Service--Time for hearing.
45-5-4      Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.
45-5-5      Assessment of damages by commissioners.
45-5-6      Payment or tender of damages--Use of right-of-way.
45-5-7      Report of commissioners may be set aside.
45-5-8      Appeals from assessment of damages--Time for taking--Service of notice upon respondent.
45-5-9      Appeal bond--Approval of sureties--Amount--Conditions.
45-5-10      Appeal from assessment of damages--Limited to amount of damages--Jury trial.
45-5-11      Bond pending appeal.
45-5-12      Costs of appeal.
45-5-13      Costs and expenses under chapter to be paid by party making application.
45-5-14      Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.


Back to Title 45