47-609. SECURITY TO SURFACE OWNERS — INJUNCTION. When the right to mine is in any case separate from the ownership or right of occupancy of the surface ground, the owners or rightful occupants of the surface ground may demand satisfactory security from the miners, and if it be refused or not given, may enjoin such miners from working such ground until such security is given. The court granting the writ of injunction shall fix the amount and nature of the security.
History:
[(47-609) 1895, p. 25, sec. 10; reen. 1899, p. 237, sec. 10; reen. R.C. & C.L., sec. 3214; C.S., sec. 5528; I.C.A., sec. 46-609.]