Indiana § 14-34-19-4 Director entering property to abate adverse effects of coal mining
practices

Indiana Statutes

§ 14-34-19-4 — Director entering property to abate adverse effects of coal mining practices

Indiana·Art. 34 SURFACE COAL MINING AND RECLAMATION·Ch. 19 Abandoned Mines

(a)This section applies if the director makes a finding of fact that:

(1)land or water resources have been adversely affected by past coal mining practices;

(2)the adverse effects of past coal mining practices 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 coal mining practices:

(A)are not known or readily available; or

(B)will not give permission for:

(i)the United States;

(ii)the state;

(iii)a political subdivision; or

(iv)an agent, an employee, or a contractor of the United States, the state, or the political subdivision; to enter upon the property to restore,

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(a) This section applies if the director makes
a finding of fact that:
(1) land or water resources have been adversely affected by past
coal mining practices;
(2) the adverse effects of past coal mining practices 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 coal mining practices:
(A) are not known or readily available; or
(B) will not give permission for:
(i) the United States;
(ii) the state;
(iii) a political subdivision; or
(iv) an agent, an employee, or a contractor of the United
States, the state, or the political subdivision;
to enter upon the property to restore, reclaim, rebate, control, or
prevent the adverse effects of past coal mining practices.
(b) The director may, upon giving notice by mail to the owners if
known or if not known by posting notice upon the premises and
advertising one (1) time in a newspaper of general circulation in the
county in which the land lies, do the following:
(1) Enter upon the property adversely affected by past coal mining
practices and any other property to have access to that property.
(2) Do all things necessary or expedient to restore, reclaim, abate,
control, or prevent the adverse effects of past coal mining
practices.
(c) Entry under this section is:
(1) an exercise of the police power for the protection of public
health and safety; and
(2) not an act of:
(A) condemnation of property; or
(B) trespass.
(d) The money expended for the work and the benefits accruing to
the premises entered under this section:
(1) is chargeable against the land; and
(2) mitigates or offsets:
(A) a claim in; or
(B) an action brought by an owner of;
an interest in the premises for alleged damages by virtue of the
entry.
However, this subsection does not create new rights of action or
eliminate existing immunities.
[Pre-1995 Recodification Citation: 13-4.1-15-4.]

Indiana § 14-34-19-4 (Director entering property to abate adverse effects of coal mining practices) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.