§ 45-740.7. Emergencies.

A.  The Commission is authorized to spend monies from the State Abandoned Mine Reclamation Fund for the emergency restoration, reclamation, abatement, control or prevention of adverse effects of coal mining practices on eligible land if it finds that:

1.  An emergency exists constituting a danger to the public health, safety or general welfare; and

2.  No other person or agency will act expeditiously to restore, reclaim, abate, control or prevent the adverse effects of coal mining practices.

B.  The Commission may enter on any land where an emergency exists and any other necessary access land to restore, reclaim, abate, control or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety or general welfare.  This entry shall not be construed as an act of condemnation of property nor of trespass. The monies expended for this work and the benefits accruing to the premises entered on shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any damages by virtue of the entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.

Laws 1981, c. 185, § 7, emerg. eff. May 19, 1981.