27-673
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27-673. Surface use by lessee; liability for damages; bond; appraisal of damages; appeal The lessee shall have the right to use as much of the surface of the lands as reasonably necessary for its operations under the lease as determined by the department. The lessee shall be liable for damage caused by it to the state's interest in the surface and to the interest of the surface lessee, if any, and may be required by the department at any time to execute a bond in a reasonable principal amount to be released upon payment for all such damage and for reclamation of the surface. If the lessee and the surface lessee cannot agree on the amount of damage, it shall be appraised by the department or its agent. Appeal from the appraisal may be taken as provided in section 37-214. |