Upon abandonment of a mine and thereafter, the owner or operator must effectively close or fence off all surface openings down which persons could fall or through which persons could enter. Upon or near all those safeguards, trespass warnings and appropriate danger notices shall be posted. The director of the mining and minerals division of the energy, minerals and natural resources department may bring an action in district court to compel the safeguarding of an abandoned mine. In the event of immediate danger to public health and safety, the director of the mining and minerals division may take all action necessary to safeguard the abandoned mine and recover reasonable costs for such work from the owner of the mine.
History: Laws 1933, ch. 153, § 196; 1941 Comp., § 67-2003; 1953 Comp., § 63-20-3; Laws 1989, ch. 193, § 17.
ANNOTATIONSThe 1989 amendment, effective July 1, 1989, added the section heading, inserted "and thereafter" in the first sentence, made minor stylistic changes in the second sentence, and added the last two sentences.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of landowner for injury or death of adult falling down unhoused mine shaft or the like, 46 A.L.R.2d 1069.
Duty and liability as to plugging oil or gas well abandoned or taken out of production, 50 A.L.R.3d 240.
58 C.J.S. Mines and Minerals § 231.