Statute 49-501: Limits on excavation of certain land; civil remedies for violations.
(a) From and after the effective date of this act, land which
is located outside the limits of any
incorporated city and which is not zoned or is zoned for agricultural use
shall not be excavated for limestone mining or quarrying purposes unless there is,
for each foot of depth excavated, at least one foot of unexcavated land
between the excavation and the property line of the person who owns the
land being excavated. The requirement
for maintenance of unexcavated land along a property line shall not be required
if adjoining lands upon both sides of such property line are being excavated
for such purpose.
(b) The commission of any act in violation of subsection (a) shall
render the violator liable to the adjoining landowner for the payment of a
civil penalty of $1,000 plus actual damages and reasonable attorney fees,
recoverable in an action brought by the adjoining landowner.
History: L. 1984, ch. 199, § 1; July 1.