49-106. Survey of mining operations on adjoining land upon order of court; affidavit.
49-106
49-106. Survey of mining operations on adjoining land upon order ofcourt; affidavit.When any owner, tenant or subtenant of a lot or lots or tract of landshall file in any court of competent jurisdiction within the county inwhich said lot or lots or tract of land may be situated, his or heraffidavit, or the affidavit of any other creditable person for them,stating that from knowledge, information or belief the party or partiesowning, controlling or working the adjoining lot or lots or tract of land,and upon which said party or parties are sinking shafts, mining, excavatingand running drifts, and that said drifts, in which said parties aredigging, mining and excavating any mineral ore or veins of coal, extendbeyond the lines and boundaries of said lot or lots or tract of land owned,controlled or worked by them, and have entered into and upon the premisesof the party or parties making said affidavit, or for whom said affidavitis made, the judge of such court shall issue his or her written order, and deliveror cause the same to be delivered to the county surveyor or the surveyor's deputy,commanding him or her to proceed without delay to survey said drift, by enteringany and all shafts upon said lot or lots or tracts of land that thesurveyor may see fit, for the purpose of ascertaining the course anddistance of said drift or drifts, and to locate the same upon the surface.
History: L. 1881, ch. 115, § 1; R.S. 1923, 49-106;L. 1973, ch. 134, § 44; July 1, 1974.