Kansas Statutes

Chapter 49: Mines And Mining

Article 1: Encroachment On Adjoining Land, Surveys And Injunctions

Statutes:

• 49-101: Survey of mine upon order of court; affidavit; bond for costs.
• 49-102: Report of survey.
• 49-103: Temporary injunction.
• 49-104: Same; procedure.
• 49-105: Ingress and egress for survey; penalty for interference.
• 49-106: Survey of mining operations on adjoining land upon order of court; affidavit.
• 49-107: Same; notice of survey.
• 49-108: Penalty for interfering with survey.

• 49-101: Survey of mine upon order of court; affidavit; bond for costs. Whenever an affidavit properly verified by the person aggrieved, or his or her agent or attorney, shall be presented to the district court of the proper county during termtime, or to the judge thereof in vacation, in which it shall be made to appear that such person shall have good reason to believe that any other person or persons, corporation or corporations, are without authority encroaching upon the land of the person aggrieved, whether the same be held by lease or otherwise, and are mining or taking coal, rock or limestone therefrom, it shall be the duty of the said court or judge to order and direct the county surveyor to survey the mine or mines of the person or persons, corporation or corporations accused thereof, for the purpose of ascertaining the truth thereof; the party applying for such survey to first give bond in such sum as may be deemed sufficient by said court or judge, and the same to be at the time approved by said court or judge, conditioned for the payment of the payment of the costs of said survey.

        History:   L. 1877, ch. 127, § 1; R.S. 1923, 49-101; L. 1967, ch. 296, § 1; July 1.

• 49-102: Report of survey. Upon the making of such order and approval of said bond, it shall be the duty of the county surveyor to forthwith make such survey, and to file his or her written report thereof with the clerk of such district court.

        History:   L. 1877, ch. 127, § 2; March 15; R.S. 1923, 49-102.

• 49-103: Temporary injunction. Whenever it shall be made to appear by petition verified by the oath of the plaintiff, his or her agent or attorney, and by the survey of the county surveyor, that any person or persons, corporation or corporations, is or are without authority mining or taking coal, rock or limestone from the land of the plaintiff, whether held by lease or otherwise, it shall be the duty of the proper district court in termtime, or the judge thereof in vacation, to grant a temporary injunction restraining such person or persons, corporation or corporations, from mining or taking coal, rock or limestone from such land until the further order of the court or judge.

        History:   L. 1877, ch. 127, § 3; R.S. 1923, 49-103; L. 1967, ch. 296, § 2; July 1.

• 49-104: Same; procedure. The proceedings in such cases shall be in all respects similar to the course of procedure in actions for injunctions.

        History:   L. 1877, ch. 127, § 4; March 15; R.S. 1923, 49-104.

• 49-105: Ingress and egress for survey; penalty for interference. It shall be the duty of every person or corporation owning coal mines, and every person in charge of the same, to provide the county surveyor with all the ordinary means of ingress and egress, to make any survey thereof he or she may be ordered to make; and any person or persons in any way interfering, molesting or hindering such county surveyor in making any survey he or she may be ordered to make under the provisions of this act shall be guilty of a misdemeanor, and shall be liable for each offense to a fine of not less than ten dollars and not more than one hundred dollars, to be prosecuted and recovered as in other cases of misdemeanor.

        History:   L. 1877, ch. 127, § 5; March 15; R.S. 1923, 49-105.

• 49-106: Survey of mining operations on adjoining land upon order of court; affidavit. When any owner, tenant or subtenant of a lot or lots or tract of land shall file in any court of competent jurisdiction within the county in which said lot or lots or tract of land may be situated, his or her affidavit, or the affidavit of any other creditable person for them, stating that from knowledge, information or belief the party or parties owning, controlling or working the adjoining lot or lots or tract of land, and upon which said party or parties are sinking shafts, mining, excavating and running drifts, and that said drifts, in which said parties are digging, mining and excavating any mineral ore or veins of coal, extend beyond the lines and boundaries of said lot or lots or tract of land owned, controlled or worked by them, and have entered into and upon the premises of the party or parties making said affidavit, or for whom said affidavit is made, the judge of such court shall issue his or her written order, and deliver or cause the same to be delivered to the county surveyor or the surveyor's deputy, commanding him or her to proceed without delay to survey said drift, by entering any and all shafts upon said lot or lots or tracts of land that the surveyor may see fit, for the purpose of ascertaining the course and distance of said drift or drifts, and to locate the same upon the surface.

        History:   L. 1881, ch. 115, § 1; R.S. 1923, 49-106; L. 1973, ch. 134, § 44; July 1, 1974.

• 49-107: Same; notice of survey. The surveyor shall, before entering upon said duties, read said order to the party or parties owning, controlling or working any shaft or shafts on said lot or lots or tract of land.

        History:   L. 1881, ch. 115, § 2; March 11; R.S. 1923, 49-107.

• 49-108: Penalty for interfering with survey. If any person shall refuse, hinder or prevent said county surveyor or his or her deputies and his or her assistants from entering said shaft or shafts or drifts to make the survey ordered pursuant to K.S.A. 49-106, said person or persons so offending shall on conviction be adjudged guilty of a class C misdemeanor.

        History:   L. 1881, ch. 115, § 3; R.S. 1923, 49-108; L. 1977, ch. 105, § 16; July 1.