Acquisition of Adversely Affected Land for Reclamation

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Sec. 6. The director may, by purchase, donation, or condemnation, acquire land that is adversely affected by past coal mining practices if the director determines that acquisition of the land is necessary to successful reclamation and that:

(1) the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will:

(A) serve recreation, historic, conservation, and reclamation purposes; or

(B) provide open space benefits and permanent facilities such as a treatment plant;

or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or

(2) acquisition of coal refuse disposal sites and all coal refuse on the sites will serve the purpose of this chapter or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.

[Pre-1995 Recodification Citation: 13-4.1-15-6.]

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


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