                                 CODE OF VIRGINIA

 ADJACENT OWNER TO BE PERMITTED TO SURVEY MINE; PROCEEDINGS TO COMPEL ENTRY FOR
SURVEY (§ 45.2-1304)

A. If a person who is interested in or has title to any land or mineral rights
coterminal with the land or mineral rights on or in which a mine is located has
reason to believe his property is being trespassed upon, then the owner, tenant,
or occupant of the land or minerals on or in which such mine is opened and
worked, or his agent, shall permit such interested person to have ingress and
egress with surveyors and assistants to explore and survey such mine for the
purpose of ascertaining whether a violation of &#xA7; 45.2-1203 has occurred.
Such exploration and survey shall occur at the expense of the interested person,
and such person shall not be entitled to enter the mine property more often than
once each month.

B. If such interested person is refused entry to such mine, he may file a
complaint before the judge of the general district court of the county or city
in which such mine is located. Such judge may issue a summons to such mine
owner, tenant, occupant, or agent to answer the complaint. Upon the return of
the executed summons and the submission of proof that the complainant has right
of entry and that such right of entry has been refused without sufficient cause,
the judge shall designate a prompt and convenient time for such entry to be made
and issue a warrant commanding the sheriff of the county or city to attend and
prevent obstructions or impediments to such entry, exploration, and survey.

C. Any owner, tenant, occupant, or agent who refuses permission, exploration, or
survey pursuant to subsection A shall forfeit $20 for each refusal to the person
so refused. The costs of such summons and a fee of $3 to the sheriff executing
the warrant shall be paid by the person whose refusal caused the complaint. If
the court dismisses the complaint, the costs of such summons and execution shall
be paid by the party making the complaint.

HISTORY: 1997, c. 390, § 45.1-161.311:2; 2021, Sp. Sess. I, c. 387.