1. a. Thedivision, pursuanttoastateprogramapprovedbythesecretary, maytakeaction
as provided in paragraph “b” of this subsection if it finds all of the following:
(1)Land or water resources have been adversely affected by past coal mining practices.
(2)Theadverseeffectsareatastagewhereinthepublicinterestactiontorestore,reclaim,
abate, control, or prevent should be taken.
(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 coal mining practices are not
known or readily available, or will not give permission for the United States, this state,
political subdivisions, their agents, employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the adverse effec
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1. a. Thedivision, pursuanttoastateprogramapprovedbythesecretary, maytakeaction
as provided in paragraph “b” of this subsection if it finds all of the following:
(1) Land or water resources have been adversely affected by past coal mining practices.
(2) Theadverseeffectsareatastagewhereinthepublicinterestactiontorestore,reclaim,
abate, control, or prevent should be taken.
(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 coal mining practices are not
known or readily available, or will not give permission for the United States, this state,
political subdivisions, their agents, employees, or contractors to enter upon such property to
restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.
b. Upon giving notice by mail to the owners if known or by posting notice upon the
premises and advertising once in a local newspaper of general circulation if not known, the
division may enter upon the property adversely affected by past coal mining practices and
any other property to have access to the 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 not as an act of condemnation of property or trespass. The moneys expended
for the work and the benefits accruing to the property shall be chargeable against such
property and shall mitigate or offset any claim on or any action brought by an owner of any
interest in the property for any alleged damages because of the entry. This provision does
not create new rights of action or eliminate existing immunities.
2. The division may enter upon a property for the purpose of conducting studies or
exploratory work to determine the existence of adverse effects of past coal mining practices
and to determine the feasibility of restoration, reclamation, abatement, control, or prevention
of such 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 not as an act of condemnation
of property or trespass.
3. Thedivisionpursuanttoanapprovedstateprogrammayacquireanyland,bypurchase,
donation, or condemnation, which is adversely affected by past coal mining practices if the
secretary determines that acquisition of the land is necessary to successful reclamation and
that:
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 spaces benefits and that 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
b. Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the
purposes of Pub. L. No. 95-87, Tit. IV, codified at 30 U.S.C. ch. 25, subch. IV, or that public
ownership is desirable to meet emergency situations and prevent recurrences of the adverse
effect of past coal mining practices.
4. Title to all lands acquired pursuant to this section shall be in the name of this state. 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.
5. If land acquired pursuant to this section is deemed to be suitable for industrial,
commercial, agricultural, residential, or recreational development, the division with
authorization from the secretary may sell the land by public sale under a system of
competitive bidding, at not less than fair market value and under rules promulgated to
insure that the lands are put to proper use consistent with local land use plans.
6. The division if requested after appropriate public notice shall hold a public hearing
with the appropriate notice, in the county of the lands acquired pursuant to this section. The
hearings shall be held at a time that affords local citizens and governments the maximum
opportunity to participate in the decision concerning the use or disposition of the lands.
7. The division may cooperate with the secretary in acquiring land by purchase, donation,
or condemnation to assist the housing of people disabled as the result of employment in the
mines or incidental work, persons displaced by acquisition of land pursuant to this section, or
persons dislocated as the result of adverse effects of coal mining practices which constitute
an emergency as determined by the secretary. The fund provided under this section shall not
be used to pay the actual construction costs of housing.