207.22 - ACQUISITION AND RECLAMATION OF LAND.
207.22 ACQUISITION AND RECLAMATION OF LAND.
1. a. The division, pursuant to a state program approved by
the secretary, may take action as provided in paragraph "b" of
this subsection if it finds all of the following:
(1) Land or water resources have been adversely affected by past
coal mining practices.
(2) The adverse effects are at a stage where in the public
interest action to restore, reclaim, abate, control, or prevent
should be taken.
(3) 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 will not give permission for the United States, this
state, political subdivisions, their agents, employees, or
contractors to enter upon such property to restore, reclaim, abate,
control, or prevent the adverse effects of past coal mining
practices.
b. Upon giving notice by mail to the owners if known or by
posting notice upon the premises and advertising once in a local
newspaper of general circulation if not known, the division may enter
upon the property adversely affected by past coal mining practices
and any other property to have access to the property to do all
things necessary or expedient to restore, reclaim, abate, control, or
prevent the adverse effects. The entry shall be construed as an
exercise of the police power for the protection of public health,
safety, and general welfare and not as an act of condemnation of
property or trespass. The moneys expended for the work and the
benefits accruing to the property shall be chargeable against such
property and shall mitigate or offset any claim on or any action
brought by an owner of any interest in the property for any alleged
damages because of the entry. This provision does not create new
rights of action or eliminate existing immunities.
2. The division may enter upon a property for the purpose 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 such adverse effects. The entry shall be construed as
an exercise of the police power for the protection of public health,
safety, and general welfare and not as an act of condemnation of
property or trespass.
3. The division pursuant to an approved state program may acquire
any land, by purchase, donation, or condemnation, which is adversely
affected by past coal mining practices if the secretary determines
that acquisition of the land is necessary to successful reclamation
and that:
a. 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 spaces benefits
and that 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
b. Acquisition of coal refuse disposal sites and all coal
refuse thereon will serve the purposes of Title IV of Pub. L. No.
95-87 or that public ownership is desirable to meet emergency
situations and prevent recurrences of the adverse effect of past coal
mining practices.
4. Title to all lands acquired pursuant to this section shall be
in the name of this state. The price paid for land acquired under
this section shall reflect the market value of the land as adversely
affected by past coal mining practices.
5. If land acquired pursuant to this section is deemed to be
suitable for industrial, commercial, agricultural, residential, or
recreational development, the division with authorization from the
secretary may sell the land by public sale under a system of
competitive bidding, at not less than fair market value and under
rules promulgated to insure that the lands are put to proper use
consistent with local land use plans.
6. The division if requested after appropriate public notice
shall hold a public hearing with the appropriate notice, in the
county of the lands acquired pursuant to this section. The hearings
shall be held at a time that affords local citizens and governments
the maximum opportunity to participate in the decision concerning the
use or disposition of the lands.
7. The division may co-operate with the secretary in acquiring
land by purchase, donation, or condemnation to assist the housing of
people disabled as the result of employment in the mines or
incidental work, persons displaced by acquisition of land pursuant to
this section, or persons dislocated as the result of adverse effects
of coal mining practices which constitute an emergency as determined
by the secretary. The fund provided under this section shall not be
used to pay the actual construction costs of housing. Section History: Early Form
[C81, § 83.22] Section History: Recent Form
C93, § 207.22
2002 Acts, ch 1119, §145