Kentucky Statutes 352.500 – Rights of adjoining owners
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(1) Each owner, tenant or occupant of land on which a mine is opened and worked, or his superintendent, shall permit any person interested in or having title to any land adjoining the mined property to have ingress and egress with surveyors and assistants to explore and survey the mine at his own expense once a month for the purpose of ascertaining whether or not KRS § 352.490 has been violated.
(2) If the right granted in subsection (1) is refused, complaint may be made before the District Court of the county in which the mine is located, and the court shall issue a summons to the owner, tenant, occupant or superintendent to answer the complaint. On the return of the summons executed, and proof that the complainant has right of entry and has been refused without sufficient cause, the court shall designate an early and convenient time for the entry to be made, and issue an order commanding the sheriff of the county to attend and prevent obstructions and impediments to the entry, exploration and survey. The cost of summons and the fee of the sheriff shall be paid by the person whose refusal occasioned the complaint, unless the court dismisses the complaint, in which case the party making the complaint shall pay the cost and sheriff’s fee. Either party may appeal as in other actions.
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 281. — Amended 1972
Ky. Acts ch. 303, sec. 45. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2739-52,
(2) If the right granted in subsection (1) is refused, complaint may be made before the District Court of the county in which the mine is located, and the court shall issue a summons to the owner, tenant, occupant or superintendent to answer the complaint. On the return of the summons executed, and proof that the complainant has right of entry and has been refused without sufficient cause, the court shall designate an early and convenient time for the entry to be made, and issue an order commanding the sheriff of the county to attend and prevent obstructions and impediments to the entry, exploration and survey. The cost of summons and the fee of the sheriff shall be paid by the person whose refusal occasioned the complaint, unless the court dismisses the complaint, in which case the party making the complaint shall pay the cost and sheriff’s fee. Either party may appeal as in other actions.
Terms Used In Kentucky Statutes 352.500
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 352.010
- Month: means calendar month. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Summons: Another word for subpoena used by the criminal justice system.
- Superintendent: means the person who, on behalf of the licensee, has immediate supervision of one (1) or more mines. See Kentucky Statutes 352.010
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 281. — Amended 1972
Ky. Acts ch. 303, sec. 45. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2739-52,