45.1-161.311 - Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey. - Virginia Statutes

§ 45.1-161.311. Adjacent owner to be permitted to survey mine; proceedings tocompel entry for survey.

A. The owner, tenant, or occupant of any land or coal, on or in which a mineis opened and worked, or his agent, shall permit any person interested in orhaving title to any land or mineral rights coterminal with that in which suchmine is located, if he has reason to believe his property is beingtrespassed, to have ingress and egress with surveyors and assistants toexplore and survey such mine at his own expense, for the purpose ofascertaining whether a violation of § 45.1-161.310 has occurred; however,such person shall not be entitled to enter the property more often than oncea month. Every owner, tenant, occupant or agent who shall refuse suchpermission, exploration or survey, shall forfeit twenty dollars for eachrefusal, to the person so refused.

B. The judge of the general district court of the county or city in whichsuch mine is located, before whom complaint of such refusal shall be made,may issue a summons to such owner, tenant, occupant or agent, to answer suchcomplaint. On the return of the summons executed, and proof that thecomplainant has right of entry, and that it has been refused withoutsufficient cause, the judge shall designate an early and convenient time forsuch entry to be made, and issue his warrant, commanding the sheriff of thecounty or city to attend and prevent obstructions and impediments to suchentry, exploration and survey. The costs of such summons, and a fee of threedollars to the sheriff executing the warrant, shall be paid by the personwhose refusal caused the complaint. If the court dismisses the complaint, thecosts shall be paid by the party making the complaint.

(Code 1950, §§ 45-92, 45-93; 1966, c. 594, § 45.1-103; 1978, c. 118; 1994, c.28; 1997, c. 390.)