(a)On receipt of a petition signed by not fewer than 10 interested persons or the legislative body of a municipality, the Department shall, or upon its own motion it may, institute investigations by an engineer as described in section 1087 of this title regarding the safety of any existing nonfederal dam or portion of the dam of any size. The Department may fix a time and place for hearing and shall give notice in the manner it directs to all interested persons. The engineer shall present the engineer’s findings and recommendations at the hearing. After the hearing, if the Department finds that the nonfederal dam or portion of the dam as maintained or operated is unsafe or is a menace to people or property above or below the dam, it shall issue an order directing reconstruction, repair, r
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(a) On receipt of a petition signed by not fewer than 10 interested persons or the legislative body of a municipality, the Department shall, or upon its own motion it may, institute investigations by an engineer as described in section 1087 of this title regarding the safety of any existing nonfederal dam or portion of the dam of any size. The Department may fix a time and place for hearing and shall give notice in the manner it directs to all interested persons. The engineer shall present the engineer’s findings and recommendations at the hearing. After the hearing, if the Department finds that the nonfederal dam or portion of the dam as maintained or operated is unsafe or is a menace to people or property above or below the dam, it shall issue an order directing reconstruction, repair, removal, breaching, draining, or other action it considers necessary to improve the safety of the dam sufficiently to protect life and property as required by the Department.
(b) If, upon the expiration of a date as may be ordered, the person owning legal title to the dam or the owner of the land on which the dam is located has not complied with the order directing the reconstruction, repair, breaching, removal, draining, or other action of the unsafe dam, the Department may petition the Superior Court in the county in which the dam is located to enforce its order or exercise the right of eminent domain to acquire the rights that may be necessary to effectuate a remedy as the public safety or public good may require. If the order has been appealed, the court may prohibit the exercise of eminent domain by the Department pending disposition of the appeal.
(c) If, upon completion of the investigation described in subsection (a) of this section, the Department considers the dam to present an imminent threat to human life or property, it shall take whatever action it considers necessary to protect life and property and subsequently shall conduct the hearing described in subsection (a) of this section. (Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1969, No. 281 (Adj. Sess.), § 12; 1981, No. 242 (Adj. Sess.), § 11; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)