Nevada § 40.180 - Manner of working mine or mining claim; assessment of damages

§ 40.180. Manner of working mine or mining claim; assessment of damages

1. Any person being the owner of, or in possession under any lease or contract for

the working of any mine or mines within this state, shall have the right to institute

and maintain an action for the recovery of any damages that may accrue by reason of

the manner in which any mine or mines have been or are being worked and managed by

any person who may be the owner, or in possession of and working such mine or mines

under a lease or contract, and to prevent the continuance of working and managing

such mine or mines in such manner as to hinder, injure, or in anywise endanger the

safety of any mine or mines adjacent or adjoining thereto. 2. Any such owner of, or person in the possession of, any mine or mining claim, who

shall enter upon or into, in any manner, any mine or mining claim, the property of

another, and mine, extract, excavate or carry away any valuable mineral therefrom

shall be liable to the owner of any such mine or mines trespassed upon in the amount

of the value of all such mineral mined, extracted, excavated or carried away, and

for all other damages, and in the absence of a showing to the contrary, the value

of all such mineral mined, extracted, excavated or carried away shall be presumed

to be twice the amount of the gross value of the same ascertained by an average assay

of the excavated material or the ledge from which it was taken. If such trespass was made in bad faith, such damages may be trebled.