§ 34-48-107 — Tunnels - drifts - right-of-way - condemnation

The owner of
any mining claim or property who, by reason of established rights, shall be entitled
to follow any mineral-bearing vein or lode into the property of another, and the
owner of any mining claim or property lying on two or more sides of the property of
another has 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 ore therefrom. When any such owner and the
owners of such adjoining or intermediate claims or property through which such
owner desires to pass under the terms of this section and sections 34-48-108 and
34-48-109 shall be unable to agree upon the terms, 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 right of
eminent domain and condemn the rights-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 are declared to be
private ways of necessity.

Legislative History

Source: L. 27: p. 483, � 1. CSA: C. 110, � 190. L. 43: p. 432, � 1. CRS 53: � 92-24-7. C.R.S. 1963: � 92-24-7.