45-5 RIGHT-OF-WAY TO MINES
RIGHT-OF-WAY TO MINES
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.
Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
Order to show cause--Service--Time for hearing.
Hearing on petition--Award of right-of-way--Appointment of commissioners to
Assessment of damages by commissioners.
Payment or tender of damages--Use of right-of-way.
Report of commissioners may be set aside.
Appeals from assessment of damages--Time for taking--Service of notice upon
Appeal bond--Approval of sureties--Amount--Conditions.
Appeal from assessment of damages--Limited to amount of damages--Jury trial.
Bond pending appeal.
Costs of appeal.
Costs and expenses under chapter to be paid by party making application.
Costs and expenses if applicant tendered sum equal to or more than amount of