12-1807

12-1807. Preliminary injunction, injunction or
temporary restraining order against working lode, placer or mining
claim; prohibition; exception

A. An injunction against the working and mining of a lode, placer or mining claim
shall not be granted without notice to the opposite party, and, except as provided in
subsection B, no preliminary injunction or temporary restraining order shall be issued to
prevent the working or mining pending hearing of the application for the injunction.

B. If a person unlawfully enters upon a mineral claim or lease with the intent to
explore, hold, work or take minerals from the claim or lease, the owner of the claim or
lease may apply to the superior court in the county in which the claim or lease is
located for a preliminary injunction or temporary restraining order. Prior to the
issuance of a preliminary injunction or temporary restraining order, the court shall
determine that the applicant is legally entitled to the claim or lease.