TITLE 47

MINES AND MINING

CHAPTER 9

RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES

47-913.  Costs of proceedings. The costs and expenses of proceedings under the provisions of this chapter, except as herein otherwise provided, must be paid by the party making the application: provided, that if the applicant before the commencement of such proceedings has tendered to the parties owning or occupying the lands or mining claims, a sum equal to or more than the amount of damages recovered, all of the costs and expenses must be paid by the party or parties owning the land or claims affected by such right of way, and who appeared and resisted the claim of the applicants thereto.

History:

[(47-913) 1876, p. 70, sec. 13; R.S., sec. 3142; reen. R.C. & C.L., sec. 3235; C.S., sec. 5549; I.C.A., sec. 46-813.]