47-910. TRIAL ON APPEAL. An appeal brings before the district court the necessity of the right of way or easement for the successful and convenient working of the mining claim and the amount of damages; and upon such appeal the case must be tried anew, and either party is entitled to a jury.
History:
[(47-910) 1876, p. 70, sec. 10; R.S., sec. 3139; reen. R.C. & C.L., sec. 3232; C.S., sec. 5546; I.C.A., sec. 46-810.]
Structure Idaho Code
Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES
Section 47-901 - RIGHT OF WAY FOR MINING PURPOSES.
Section 47-902 - RIGHT OF WAY FOR MINING PURPOSES — RAILROADS, DITCHES, AND TUNNELS.
Section 47-903 - ACTION TO CONDEMN RIGHT OF WAY.
Section 47-904 - ISSUANCE AND SERVICE OF SUMMONS.
Section 47-905 - APPOINTMENT OF COMMISSIONERS — TRIAL BY COURT IF COMMISSIONERS NOT APPOINTED.
Section 47-906 - OATH, VIEW, AND REPORT OF COMMISSIONERS.
Section 47-907 - SETTING ASIDE REPORT.
Section 47-908 - RIGHTS UPON PAYMENT OF DAMAGES.
Section 47-909 - APPEAL FROM COMMISSIONERS’ AWARD — BOND.
Section 47-910 - TRIAL ON APPEAL.
Section 47-911 - EFFECT OF APPEAL — BOND AND DEPOSIT OF DAMAGES.