TITLE 47

MINES AND MINING

CHAPTER 9

RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES

47-903.  Action to condemn right of way. When the owner, claimant or occupant of any mine or mining claim desires to work the same, and it is necessary, to enable him to do so successfully and conveniently, that he have a right of way for any of the purposes mentioned in the foregoing sections, if such right of way cannot be acquired by agreement with the claimant or owner of the lands or claims over, under, through, across or upon which he seeks to acquire such right of way, he may commence an action in the district court in and for the county in which such right of way, or some part thereof, is situated, by filing a verified complaint containing a particular description of the character and extent of the right sought, a description of the mine or claim of the plaintiff, and of the mine or claim and lands to be affected by such right of way or privilege, with the name of the occupant or owner thereof. He may also set forth any tender of compensation that he may have made, and demand the relief sought.

History:

[(47-903) 1876, p. 70, sec. 3; R.S., sec. 3132; am. 1899, p. 350, sec. 1; reen. R.C. & C.L., sec. 3225; C.S., sec. 5539; I.C.A., sec. 46-803.]