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352.500 Rights of adjoining owners.
(1)
(2)
Each owner, tenant or occupant of land on which a mine is opened and
worked, or his superintendent, shall permit any person interested in or having
title to any land adjoining the mined property to have ingress and egress with
surveyors and assistants to explore and survey the mine at his own expense
once a month for the purpose of ascertaining whether or not KRS 352.490 has
been violated.
If the right granted in subsection (1) is refused, complaint may be made before
the District Court of the county in which the mine is located, and the court shall
issue a summons to the owner, tenant, occupant or superintendent to answer
the complaint. On the return of the summons executed, and proof that the
complainant has right of entry and has been refused without sufficient cause,
the court shall designate an early and convenient time for the entry to be made,
and issue an order commanding the sheriff of the county to attend and prevent
obstructions and impediments to the entry, exploration and survey. The cost of
summons and the fee of the sheriff shall be paid by the person whose refusal
occasioned the complaint, unless the court dismisses the complaint, in which
case the party making the complaint shall pay the cost and sheriff's fee. Either
party may appeal as in other actions.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 281. -- Amended
1972 Ky. Acts ch. 303, sec. 45. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2739-52,
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