A. If the director, pursuant to the state reclamation plan, makes a finding of fact that:
(1) land or water resources have been adversely affected by past mining practices;
(2) the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control or prevent should be taken; and
(3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control or prevent the adverse effects of past mining practices are not known or readily available; or
(4) the owners will not give permission for the director, his agents, employees or contractors to enter upon the property to restore, reclaim, abate, control or prevent the adverse effects of past mining practices; then, upon giving notice by mail to the owners if known, or, if not known, by posting notice upon the premises and advertising once in a newspaper of general circulation in the county in which the land lies, the director, his agents, employees or contractors may enter upon the property adversely affected by past mining practices and any other property to have access to that property to do all things necessary or expedient to restore, reclaim, abate, control or prevent the adverse effects. The entry shall be construed as an exercise of the police power for the protection of public health, safety and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The money expended for the work and the benefits accruing to any premises so entered upon shall be chargeable against that land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. Provided that this provision is not intended to create new rights of action or eliminate existing immunities.
B. The director, pursuant to the state reclamation plan, may enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past mining practices and to determine the feasibility of restoration, reclamation, abatement, control or prevention of the adverse effects. The entry shall be construed as an exercise of the police power for the protection of public health, safety and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon.
C. The director, pursuant to the state reclamation plan, may acquire any land, by purchase or donation, that is adversely affected by past mining practices if he 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 mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and
(2) 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 mining practices; or
(3) acquisition of refuse disposal sites and all refuse thereon will serve the purposes of the Abandoned Mine Reclamation Act or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past mining practices.
D. Title to all lands acquired pursuant to this section shall be in the name of the state. The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past mining practices.
E. The director may transfer any lands acquired under this section to the United States secretary of the interior and, after reclamation, may purchase the lands in the name of the state pursuant to regulations promulgated by the United States secretary of the interior.
F. Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential or recreational development, the director, with the prior authorization of the United States secretary of the interior, may sell the land by public sale under a system of competitive bidding at not less than fair market value.
G. The director, pursuant to the state reclamation plan, when requested after appropriate public notice shall hold a public hearing, with the appropriate notice, in the counties or the appropriate subdivisions of the state in which lands acquired pursuant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices.
History: Laws 1980, ch. 87, § 7; 1992, ch. 18, § 6.
ANNOTATIONSThe 1992 amendment, effective May 20, 1992, deleted "coal" preceding "mining practices" in the section catchline and throughout the section, twice deleted "coal" preceding "refuse" in Subsection C(3), and made minor stylistic changes throughout the section.