Kentucky Statutes 352.110 – Mines to have two openings — Exception — Condemnation of land for opening
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(1) No licensee, superintendent, mine manager, or mine foreman of any mine opened after June 16, 1972, shall permit persons to work therein unless there are to every seam of coal worked in the mine at least two (2) separate outlets, separated by natural strata of not less than one hundred fifty (150) feet in breadth if the mine is worked by shaft or slope, and separated by a pillar of natural strata of not less than two thousand (2,000) square feet if the mine is worked by drift, by which outlets distinct means of ingress and egress are readily available to persons employed in the mine, but it shall not be necessary for the two (2) outlets to belong to the same mine. This subsection does not apply to the openings of a new entry that is being worked for the purpose of making connection between the two (2) outlets so long as not more than twenty (20) persons are employed at one (1) time in making the connection or driving the second opening, or to any mine in which the second opening has been rendered unavailable by reason of final robbing or removal of pillars so long as not more than twenty (20) persons are employed therein at one (1) time, and the workings are no farther than five hundred (500) feet from the bottom of the shaft or slope or from the drift opening.
(2) If any mine has but one (1) means of ingress or egress for persons employed therein, and the owner does not own suitable ground for another opening, the owner may select appropriate adjacent ground for that purpose and have it condemned pursuant to the Eminent Domain Act of Kentucky.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 185, sec. 15, effective July 12, 2006. — Amended
1996 Ky. Acts ch. 308, sec. 28, effective April 9, 1996. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 279, effective January 2, 1978. — Amended 1972 Ky. Acts ch. 303, sec. 11. — Amended 1952 Ky. Acts ch. 162, sec. 20, effective March 5,
1952. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 2739-21.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor’s signed copy of the Act was filed with the Secretary of
State.
(2) If any mine has but one (1) means of ingress or egress for persons employed therein, and the owner does not own suitable ground for another opening, the owner may select appropriate adjacent ground for that purpose and have it condemned pursuant to the Eminent Domain Act of Kentucky.
Terms Used In Kentucky Statutes 352.110
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Drift: means an opening through strata or coal seams with opening grades sufficient to permit coal to be hauled therefrom, or which is used for the purpose of ventilation, drainage, ingress, egress, and other purposes in connection with the mining of coal. See Kentucky Statutes 352.010
- Licensee: means any owner, operator, lessee, corporation, partnership, or other person who procures a license from the department to operate a coal mine. See Kentucky Statutes 352.010
- Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 352.010
- Mine foreman: means a certified person whom the licensee, mine manager, or superintendent places in charge of the workings of the mine and of persons employed therein. See Kentucky Statutes 352.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Shaft: means a vertical opening through the strata that is or may be used, in connection with the mining of coal, for the purpose of ventilation or drainage, or for hoisting men, coal, or materials. See Kentucky Statutes 352.010
- Slope: means an inclined opening used for the same purpose as a shaft. See Kentucky Statutes 352.010
- Statute: A law passed by a legislature.
- Superintendent: means the person who, on behalf of the licensee, has immediate supervision of one (1) or more mines. See Kentucky Statutes 352.010
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 185, sec. 15, effective July 12, 2006. — Amended
1996 Ky. Acts ch. 308, sec. 28, effective April 9, 1996. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 279, effective January 2, 1978. — Amended 1972 Ky. Acts ch. 303, sec. 11. — Amended 1952 Ky. Acts ch. 162, sec. 20, effective March 5,
1952. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 2739-21.
Legislative Research Commission Note (4/9/96). The action taken with respect to this statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor’s signed copy of the Act was filed with the Secretary of
State.