49-501. Limits on excavation of certain land; civil remedies for violations. - Kansas Statutes

49-501

Chapter 49.--MINES AND MINING Article 5.--MISCELLANEOUS

      49-501.   Limits on excavation of certain land; civil remedies for violations.(a) From and after the effective date of this act, land whichis located outside the limits of anyincorporated city and which is not zoned or is zoned for agricultural useshall not be excavated for limestone mining or quarrying purposes unless there is,for each foot of depth excavated, at least one foot of unexcavated landbetween the excavation and the property line of the person who owns theland being excavated. The requirementfor maintenance of unexcavated land along a property line shall not be requiredif adjoining lands upon both sides of such property line are being excavatedfor such purpose.

      (b)   The commission of any act in violation of subsection (a) shallrender the violator liable to the adjoining landowner for the payment of acivil 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.