Any person, corporation or other legal entity seeking consolidation of an area comprised wholly of small tracts and holding mining rights with respect to interests equal in the aggregate to at least sixty percent of the entire mineral estate (insofar as it pertains to ore) in such area, may make written application for such consolidation to the secretary, which application shall include the following:

A. a plat of the area to be consolidated, which area shall consist of contiguous small tracts and shall not comprise more than a total of 660 acres;

B. a designation (which may be by showing such information on aforesaid plat) of the small tracts or interest therein, within the area with respect to which applicant holds mining rights and the terms and conditions of such rights; a copy of the form of mining lease on which applicant has obtained its leases or a majority thereof within the area to be attached as an exhibit to the application;

C. a designation respectively of the small tracts, or interests therein, within the area with respect to which:

(1) the owners' names are known but their addresses are unknown;

(2) the owners are unknown; and

(3) the owners' names and addresses are known but on whose interests applicant has not obtained mining rights; stating such owners' names and addresses so far as known to applicant;

D. an affidavit by the applicant or by an officer of the applicant if it be a corporation setting forth the following particulars:

(1) the efforts made to locate the owners within the area whose names or addresses are alleged to be unknown; and

(2) the efforts made to obtain mining rights with respect to the interest of each owner in the area whose name and address is known but from whom the applicant has not obtained such rights;

E. a statement concerning the proposed operations, their objects and the methods to be utilized;

F. a statement concerning the need for the proposed consolidation.

History: 1953 Comp., § 63-32-5, enacted by Laws 1967, ch. 33, § 5; 1977, ch. 255, § 22.