12-1807. Preliminary injunction, injunction or temporary restraining order against working lode, placer or mining claim; prohibition; exception
142 words·~1 min read·
/az/title-12/12-1807A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. An injunction against the working and mining of a lode, placer or mining claim shall not be granted without notice to the opposite party, and, except as provided in subsection B, no preliminary injunction or temporary restraining order shall be issued to prevent the working or mining pending hearing of the application for the injunction.
B. If a person unlawfully enters upon a mineral claim or lease with the intent to explore, hold, work or take minerals from the claim or lease, the owner of the claim or lease may apply to the superior court in the county in which the claim or lease is located for a preliminary injunction or temporary restraining order. Prior to the issuance of a preliminary injunction or temporary restraining order, the court shall determine that the applicant is legally entitled to the claim or lease.