§ 45-740.5. Property adversely affected by past coal mining practices - Entry - Acquisition - Title - Disposition.

A.  If the Commission makes a finding of fact that:

Land or water resources have been adversely affected by past coal mining practices; and the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control or prevent the adverse effects of past coal mining practices should be taken; and 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 the owners will not give permission for the state or any political subdivision to enter on the property to restore, reclaim, abate, control or prevent the adverse effects of past coal mining practices; then, on giving notice by mail to the owners of record, if known, or, if not known, by posting notice on the premises and advertising once in a newspaper of general circulation in the county in which the land lies, the Commission is entitled to enter on the property adversely affected by the past coal mining practices and any other necessary access property to do all things necessary or expedient to restore, reclaim, abate, control or prevent the adverse effects.  This entry shall not be construed as an act of condemnation of property nor of trespass. The monies expended for that work and the benefits accruing to those premises entered on shall be chargeable against the land and shall mitigate or offset any claim or action brought by any owner of any interest in the premises for damages by virtue of such entry; provided, this provision is not intended to create new rights of action or eliminate existing immunities.

B.  The Commission is entitled to enter on any property for the purposes 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 those adverse effects.  Such entry shall not be construed as an act of condemnation of property nor of trespass.

C.  The state may acquire any land, where it is to the public interest, by purchase, donation or condemnation, that is adversely affected by past coal mining practices if the Commission determines that acquisition of the land is necessary to successful reclamation and that:

1.  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 space benefits; and

2.  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

3.  Acquisition of coal refuse disposal sites and all coal refuse on those sites will serve the purposes of this section or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.

D.  Title to all land acquired pursuant to this section shall be in the name of the state.

E.  Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential or recreational development, the state may sell the land by public sale under a system of competitive bidding, at not less than fair market value and under such rules as are promulgated to insure that the land is put to proper use consistent with local plans, if any, as determined by the Commission.  Where federal funds are involved in the acquisition of the land to be sold, the land may be sold only when authorized by the Secretary of the United States Department of the Interior.  The Commission, after appropriate public notice, shall hold a public hearing in the county or counties of the state in which land acquired pursuant to this section is located.  The hearings shall be held at a time that shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the land after restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices.

Laws 1981, c. 185, § 5, emerg. eff. May 19, 1981.