352.500 Rights of adjoining owners.

226 words·~1 min read·/ky/chapter-352/352-500

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Each owner, tenant or occupant of land on which a mine is opened and worked, or

his superintendent, shall permit any person interested in or having title to any land

adjoining the mined property to have ingress and egress with surveyors and

assistants to explore and survey the mine at his own expense once a month for the

purpose of ascertaining whether or not KRS 352.490 has been violated.

(2)If the right granted in subsection

(1)is refused, complaint may be made before the

District Court of the county in which the mine is located, and the court shall issue a

summons to the owner, tenant, occupant or superintendent to answer the complaint.

On the return of the summons executed, and proof that the complainant has right of

entry and has been refused without sufficient cause, the court shall designate an

early and convenient time for the entry to be made, and issue an order commanding

the sheriff of the county to attend and prevent obstructions and impediments to the

entry, exploration and survey. The cost of summons and the fee of the sheriff shall

be paid by the person whose refusal occasioned the complaint, unless the court

dismisses the complaint, in which case the party making the complaint shall pay the

cost and sheriff's fee. Either party may appeal as in other actions.