§ 30-1-129 — Eminent domain for underground right-of-way easements; right of condemnation generally

Every owner or operator of any mining claims or properties
having a common corner who find it necessary for the practical
or economical development thereof has the right to condemn and
to take, hold and appropriate a right-of-way easement across the
corner and under or through the lands of another for underground
passages or tunnels, including mine access and ventilation
entries. The right-of-way easement shall in no instance exceed
two hundred fifty (250) feet in width and any mineral removed
from under the lands of another shall be accounted for by the
person exercising the rights herein granted to the owner thereof
at the gross value thereof on the surface.