47-901. RIGHT OF WAY FOR MINING PURPOSES. The owner, locator or occupant of a mining claim, whether patented under the laws of the United States or held by location or possession, may have and acquire a right of way for ingress and egress, when necessary in working such mining claim, over and across the lands […]
47-902. RIGHT OF WAY FOR MINING PURPOSES — RAILROADS, DITCHES, AND TUNNELS. When any mine or mining claim is so situated, that for the more convenient enjoyment of the same a road, railroad or tramway therefrom, or ditch or canal to convey water thereto, or a ditch, flume, cut or tunnel to drain or convey […]
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 […]
47-904. ISSUANCE AND SERVICE OF SUMMONS. Upon the filing of such complaint the clerk must issue a summons as provided in other civil actions, and the same must be served in the manner prescribed by law for service in ordinary actions. History: [(47-904) 1876, p. 70, sec. 4; R.S., sec. 3133; am. 1899, p. 350, […]
47-905. APPOINTMENT OF COMMISSIONERS — TRIAL BY COURT IF COMMISSIONERS NOT APPOINTED. At any time after the service of the summons the plaintiff may upon ten days’ notice to the defendant, apply to the district court or the judge thereof for the appointment of commissioners to assess the damages resulting from the grant of such […]
47-906. OATH, VIEW, AND REPORT OF COMMISSIONERS. The commissioners so appointed must be sworn to faithfully and impartially discharge their duties, and must proceed without unreasonable delay to examine the premises and assess the damages resulting from such right or privilege prayed for, and report the amount of the same to the judge appointing them; […]
47-907. SETTING ASIDE REPORT. For good cause shown, the judge may set aside the report of such commissioners and appoint three (3) other commissioners whose duty shall be the same as above mentioned. History: [(47-907) 1876, p. 70, sec. 7; R.S., sec. 3136; reen. R.C. & C.L., sec. 3229; C.S., sec. 5543; I.C.A., sec. 46-807.]
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 […]
47-909. APPEAL FROM COMMISSIONERS’ AWARD — BOND. Appeals from the assessment of damages made by the commissioners may be made and prosecuted in the proper district court by any party interested, at any time within ten (10) days after the filing of the report of the commissioners. A written notice of such appeal must be […]
47-910. TRIAL ON APPEAL. An appeal brings before the district court the necessity of the right of way or easement for the successful and convenient working of the mining claim and the amount of damages; and upon such appeal the case must be tried anew, and either party is entitled to a jury. History: [(47-910) […]
47-911. EFFECT OF APPEAL — BOND AND DEPOSIT OF DAMAGES. The prosecution of an appeal from the award of the commissioners or from the judgment of the district court does not hinder, delay or prevent the plaintiff from exercising all the rights and privileges granted by the award or judgment, if he deposit with the […]
47-912. COSTS OF APPEAL. If the defendant recover judgment against the necessity of the easement, or for fifty dollars ($50.00) more damages than the plaintiff has tendered him as provided in the next section, or for fifty dollars ($50.00) more damages than the commissioners or judgment of the district court awarded him, he shall recover […]
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 […]
