82-2-202. Road or ditch right-of-way. Whenever a mine or mining claim is so situated that it cannot be conveniently worked without a road thereto or a ditch to convey water thereto or a ditch or a cut to convey the water therefrom or without a flume to carry water and tailings therefrom or without a shaft or tunnel thereto, which road, ditch, cut, flume, or tunnel must necessarily pass over, under, through, or across any lands or mining claims owned or occupied by another, such owner is entitled to a right-of-way for said road, ditch, cut, flume, shaft, or tunnel over, under, through, and across the lands or mining claims belonging to another, upon compliance with the provisions of this part.
History: En. Sec. 2, p. 597, Cod. Stat. 1871, on Jan. 12, 1872; re-en. Sec. 887, 5th Div. Rev. Stat. 1879; re-en. Sec. 1496, Comp. Stat. 1887; amd. and re-en. Sec. 3631, Pol. C. 1895; re-en. Sec. 2298, Rev. C. 1907; re-en. Sec. 7383, R.C.M. 1921; re-en. Sec. 7383, R.C.M. 1935; R.C.M. 1947, 50-802.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 2. Rights-of-Way and Eminent Domain
82-2-201. Right-of-way of owners of mines
82-2-202. Road or ditch right-of-way
82-2-203. Proceedings to obtain right-of-way
82-2-204. Proceedings before the court
82-2-205. Court order and appointment of commissioners
82-2-206. Commissioners to assess damages
82-2-207. Power to set aside commissioners' report
82-2-208. Right-of-way to commence upon payment of assessed damages
82-2-209. Appeal from assessment of damages
82-2-210. Trial on appeal and costs
82-2-212. Appeal to supreme court
82-2-213. through 82-2-220 reserved
82-2-221. Eminent domain for open-pit mining -- purchase of property required
82-2-222. Construction of alternate facilities