§ 30-1-130 — Eminent domain for underground right-of-way easements; duty to show good faith and necessity

In order to exercise the right of eminent domain herein granted
the person claiming the benefit of such right shall be required
to show that the proceeding is in good faith and that the
right-of-way easement is necessary to continue the practical and
economical development of a commercially feasible mining
operation then being conducted.