This text of North Dakota § 38-14.2-10 (Land acquisition) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
The commission may acquire any land, by purchase, donation, or condemnation, pursuant
to the procedures of chapter 32-15, and other laws governing eminent domain, which is
adversely affected by past coal mining or noncoal mining practices if the commission
determines in accordance with the rules of practice and procedure established by the
commission that acquisition of such land is necessary for successful reclamation and that:
1.The acquired land, after restoration, reclamation, abatement, control, or prevention of
the adverse effects of past coal mining or noncoal mining practices, will serve
recreation, historic, conservation, and reclamation purposes or provide open space
benefits; and
2.Permanent facilities such as a mine drainage treatment plant or a relocated stream
channel will
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The commission may acquire any land, by purchase, donation, or condemnation, pursuant
to the procedures of chapter 32-15, and other laws governing eminent domain, which is
adversely affected by past coal mining or noncoal mining practices if the commission
determines in accordance with the rules of practice and procedure established by the
commission that acquisition of such land is necessary for successful reclamation and that:
1. The acquired land, after restoration, reclamation, abatement, control, or prevention of
the adverse effects of past coal mining or noncoal mining practices, will serve
recreation, historic, conservation, and reclamation purposes or provide open space
benefits; and
2. Permanent facilities such as a mine drainage 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 or noncoal mining
practices; or
3. 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 or
noncoal mining practices.