§ 35-11-1204 — Right of entry

(a) The director, administrator of the abandoned mine land
division, or their designated authorized representative shall
have the right to enter upon or have access to any property
adversely affected by past coal mining practices to restore,
reclaim, abate, control or prevent the adverse effects if the
director makes a finding that:
(i) The adverse effects on land or water resources
are such that, in the public interest, the action should be
taken; and
(ii) The owners of the property either are not known
or readily available or refuse to give permission to enter.
(b) Prior to entry, notice shall be given by mail to the
owners, if known, or if not known, by posting notice upon the
premises and advertising once in a newspaper of general
circulation in the locality of the land.
(c) Monies expended for work on or to the premises and the
benefits accruing to any premises entered upon shall be
chargeable against the land and shall mitigate or offset any
claim of or any action brought by any owner of any interest in
the premises for any alleged damages by virtue of the entry.
However, this provision is not intended to create new rights of
action or eliminate existing immunities.
(d) The director, administrator of the abandoned mine land
division, or their designated authorized representatives shall
have the right to enter upon any property for the purpose of
conducting exploratory work to determine the feasibility to
restore, reclaim, abate, control or prevent the adverse effects.
(e) Any entry under this section shall be construed as an
exercise of the state's police power and shall not be construed
as an act of condemnation or trespass.