§ 15-58-406 — Condemnation

(a) The Director of the Division of Environmental Quality, personally or through his or her authorized legal representative, pursuant to an approved state abandoned mine reclamation program, may acquire for the state any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the director determines that acquisition of such land is necessary to successful reclamation and that: (1) (A) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open-space benefits; and (B) 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 thereon will serve the purposes 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. (b) Title to all lands acquired pursuant to this section shall be in the name of the state. (c) The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.

Legislative History

Amended by Act 2019, No. 910,§ 3159, eff. 7/1/2019. Acts 1979, No. 134, § 11; A.S.A. 1947, § 52-945.