107.35 Application to current mining operations.

167 words·~1 min read·/wi/chapter-107/107-35

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

(1)If a person incurs a mining-related injury and the mining waste or mine excavation was present, in whole or in part, prior to May 22, 1980 and the waste or excavation was from the prospecting, mining or other practice of a mining company that is actively engaged in mining or prospecting in this state on May 22, 1980, then s. 107.31 applies only if:

(a)The person has fully pursued all other judicial or administrative remedies against the mining company to recover damages for the mining-related injury and the person or any party subrogated to the person’s rights has not received compensation for the mining-related injury as a result of pursuing the other judicial or administrative remedies; or

(b)The person chooses to pursue, as his or her sole remedy, compensation from the mining damage appropriation. If a person chooses to pursue a claim under this paragraph, he or she may not pursue any other remedy for the mining-related injury.