Director Entering Property to Conduct Studies or Exploratory Work

Checkout our iOS App for a better way to browser and research.

Sec. 5. (a) The director may enter upon any property for the purpose of conducting studies or exploratory work to determine the following:

(1) The existence of adverse effects of past coal mining practices.

(2) The feasibility of restoration, reclamation, abatement, control, or prevention of the adverse effects.

(b) Entry under this section is:

(1) an exercise of the police power for the protection of public health, safety, and general welfare; and

(2) not an act of:

(A) condemnation of property; or

(B) trespass.

[Pre-1995 Recodification Citation: 13-4.1-15-5.]

As added by P.L.1-1995, SEC.27.


Download our app to see the most-to-date content.