                                 CODE OF VIRGINIA

 ADJACENT OWNER TO BE PERMITTED TO SURVEY MINE; PROCEEDINGS TO COMPEL ENTRY FOR
SURVEY (§ 45.2-601)

A. The owner, tenant, or occupant of any land or coal on or in which a mine is
opened and worked, or his agent, shall permit any person interested in or having
title to any land or mineral rights coterminal with that in which such mine is
located to have ingress and egress with surveyors and assistants to explore and
survey such mine at his own expense if such person has reason to believe his
property is being trespassed upon. The purpose of such survey shall be to
ascertain whether a violation of &#xA7; 45.2-600 has occurred. However, such
person is not entitled to enter the property more often than once a month. Every
owner, tenant, occupant, or agent who refuses such permission, exploration, or
survey shall forfeit $20 for each refusal to the person so refused.

B. The judge of the general district court of the county or city in which such
mine is located, before whom any complaint of such refusal shall be made, may
issue a summons to such owner, tenant, occupant, or agent to answer such
complaint. On the return of the summons executed and proof that (i) the
complainant has a right of entry and (ii) such right has been refused without
sufficient cause, the judge shall designate an early 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 any obstruction or impediment to such entry,
exploration, or survey. 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 shall be paid by the
party making the complaint.

HISTORY: Code 1950, §§ 45-92, 45-93; 1966, c. 594, § 45.1-103; 1978, c. 118;
1994, c. 28, § 45.1-161.311; 1997, c. 390; 2021, Sp. Sess. I, c. 387.