(765 ILCS 505/4) (from Ch. 96 1/2, par. 154)
Sec. 4.
The expense of such examination and survey shall be paid by the
plaintiff, but if the plaintiff recovers damages
against the owner or operator of such mine for working the same upon the
plaintiff's
land, the plaintiff shall have the right to have such expenses
added to the damages;
provided, however, that in no event shall the cost of such examination and
survey be taxed as costs if the owner of the mine or the lessee of the mine
shall tender to the plaintiff before the survey is
commenced, a sum of
money which is equivalent to or greater than the amount of damages
recovered by the plaintiff in such proceeding, and
in no event shall the plaintiff be allowed as costs
any amount of such
examination and survey which is greater than the amount of actual damages
allowed to the plaintiff in such proceeding.
(Source: P.A. 83-345.)
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