§ 38-02-10 — Owner or occupant of surface may demand security from miner

If the right to a mine is separate from the ownership or right of occupancy to the surface, the
owner or rightful occupant of the surface may demand satisfactory security from the miner, and
if such security is refused, may enjoin such miner from working until the same is given. The
injunctional order must fix the amount of the bond.