Colorado § 36-2-115 - Mining under claim - bond - damages.

§ 36-2-115. Mining under claim - bond - damages.

When any improvements are made upon any claim held or used for arable or pastoral agriculture or upon any building lot, mill site, or other lot or premises and any person demands of the claimant to mine any portion of the claim upon which such improvements have been made, it is lawful for the occupant or holder of the claim to require a good and sufficient bond, in a sum double the value of the improvements upon the land sought to be mined, from the party demanding to mine upon the claim, with two or more sureties, to be approved by the county court of the county in which the claim is situate conditioned that the party shall pay all damage which may be sustained by the occupant or holder of such claim to the improvements thereon.

Source: R.S. p. 534, § 15. G.L. § 2138. G.S. § 2688. R.S. 08: § 5134. C.L. § 1117. CSA: C. 134, § 15. CRS 53: § 112-1-15. C.R.S. 1963: § 112-1-16. L. 64: p. 301, § 257.

ANNOTATION

The provisions of this section are for the benefit of the surface owner. Campbell v. Louisville Coal Mining Co., 39 Colo. 379, 89 P. 767 (1907).

Owner's failure to exact such security as a condition precedent to removing the minerals does not release the parties removing such minerals from the payment of damages occasioned by their negligence. Campbell v. Louisville Coal Mining Co., 39 Colo. 379, 89 P. 767 (1907).