§ 34-31-101 — Tunnels - rights-of-way - condemnation

(1) The owner or his
agent of any coal lands lying on two or more sides of the property of another shall
have the right to enter and cross such adjoining or intermediate claims or property
with such drifts, tunnels, and crosscuts as may be necessary for the practical or
economical mining and development of his own property and for the purpose of
extracting and removing coal therefrom. Such drifts, tunnels, crosscuts, and entries
for the mining and development of coal shall not exceed six hundred sixty feet in
length and shall not enter or cross any adjoining or intermediate claims or property
which are operated at the time of entry or may reasonably be expected to be
operated in the future either as a coal mine or as a part of an operating coal mine.

(2) Neither shall such drifts, tunnels, crosscuts, or entries for coal mining
enter a seam of coal which it may reasonably be expected will be operated or mined
in the future. Any such drifts, tunnels, crosscuts, or entries driven for the
development of coal lands or which cross coal lands must conform to all pertinent
laws relating to coal mines, and in no event shall such tunnels, drifts, crosscuts, or
entries for coal mining be driven or maintained across any intermediate property if
they interfere with the operation of said intermediate claim or property, nor if such
drifts, tunnels, crosscuts, or entries for coal mining will interfere with the
ventilation of any operations then or thereafter to be conducted in said
intermediate property, nor if said drifts, tunnels, crosscuts, or entries for coal
mining will damage the surface of said intermediate property or any seams of coal
lying above said drifts, tunnels, crosscuts, or entries. In the construction of such
drifts, tunnels, crosscuts, or entries for coal mining, no barrier pillars may be
removed or destroyed without the consent of the owners of such barrier pillars.

(3) In the event such drifts, tunnels, crosscuts, or entries pertain to the
development of coal lands or cross intermediate coal lands, they shall be subject to
all pertinent laws and regulations relating to coal mines. When any such owner and
the owners of such adjoining property through which such owner desires to pass
under the terms of this article shall be unable to agree upon the terms and
conditions and purchase price of rights-of-way for such necessary drifts, tunnels,
and crosscuts, then the owner seeking to exercise the rights granted in this section
may exercise the rights of eminent domain and condemn a right-of-way into, across,
and through such intermediate or adjacent lands such as may be necessary for the
practical and economical working of his own property, and such rights-of-way shall
be deemed and are hereby declared to be private ways of necessity.

(4) The value of the property taken in condemnation proceedings shall
include, among other things, the value in place of the coal which will be mined or
removed in the construction of any drift, tunnel, crosscut, or entry, and also the
value of any coal which the owners thereof have a right to mine or remove and
which by reason of the construction and operation of such drifts, tunnels, crosscuts,
or entries cannot be removed with due regard to the safety or convenience of the
operations of such mine or part of such mine. Customary charges for use through
said private way of necessity for haulage purposes shall be assessed on each ton of
coal received through said private way of necessity.

Legislative History

Source: L. 27: p. 483, � 1. CSA: C. 110, � 190. L. 43: p. 432, � 1. CRS 53: � 92-12-1. C.R.S. 1963: � 92-12-1.