MINES AND MINING
RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES
47-908. Rights upon payment of damages. Upon the payment of the sum assessed as damages as aforesaid, to the persons to whom it is awarded, or a tender thereof to them, then the person petitioning as aforesaid, is entitled to the right of way prayed for in his petition, and may immediately proceed to occupy the same and erect thereon such works and structures, and make therein such excavations, as may be necessary to the use and enjoyment of the right of way so awarded.
[(47-908)1876, p. 70, sec. 8; R.S., sec. 3137; reen. R.C. & C.L., sec. 3230; C.S., sec. 5544; I.C.A., sec. 46-808.]