49-428. Reclamation of land having abandoned mines; plans and programs developed by secretary; abandoned mined-land fund created; priorities in development of plans and programs; abandoned mines eligi
49-428
49-428. Reclamation of land having abandoned mines;plans and programs developed by secretary; abandoned mined-land fund created;priorities in development of plans and programs; abandoned mines eligible forinclusion; application to secretary of interior; lien on reclaimed land; civilaction by landowner.(a) The secretary is authorized to develop and adopt plans and programs forthe reclamation of land having abandoned mines, which plansand programs will be eligible for participation in the abandoned minereclamationprogram established by the national surface mining control and reclamationact of 1977 (public law 95-87), to submit such plans and programs, and allreports and applications contemplated by such act to the secretary of theinterior, and to participate in such abandoned mine reclamation program. The governor is authorized to make certification contemplated by such act,with respect to such plans and programs, in order to authorizereceipt of funds pursuant to such act. All amounts received under thissection by the department shall be remittedto thestate treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance,the state treasurer shall deposit the entire amountin the state treasury to the credit of the abandoned mined-land fund.Allexpenditures fromthe abandoned mined-land fund shall be made in accordance with appropriationacts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary or by a personor persons designated bythe secretary.Expenditures from the abandoned mined-land fund shall be made foradministrationof this section and reclamation of eligible abandoned mined-land in accordancewith plans and programs adopted and approved as provided in this section.
(b) In developing and adopting plans and programs for reclamation ofabandoned mines, the secretary shall observe the following prioritiesof policy, in the order stated:
(1) The protection of public health, safety, general welfare and propertyfrom extreme danger of adverse effects of coal mining practices;
(2) the protection of public health, safety, and general welfare fromadverse effects of coal mining practices;
(3) the restoration of land and water resources and the environmentpreviouslydegraded by adverse effects of coal mining practices including measuresfor the conservation and development of soil, water, excludingchannelization,woodland, fish and wildlife, recreation resources and agriculturalproductivity;
(4) research and demonstration projects relating to the development ofsurface mining reclamation and water quality control program methods andtechniques;
(5) the protection, repair, replacement, construction, or enhancementof public facilities such as utilities, roads, recreation and conservationfacilities adversely affected by coal mining practices;
(6) the development of publicly owned land adversely affected by coalmining practices including land acquired as provided inpublic law 95-87 for recreation and historic purposes, conservation andreclamation purposes and open space benefits.
(c) Abandoned mines eligible for inclusion in plans and programs authorizedherein are those having land or water requiring reclamation or drainageabatement, which were mined for coal or which were affected by such mining,waste banks, coal processing or other coal mining process, and which wereabandoned or left in an inadequate reclamation status prior to the dateof enactment of the national surface mining control and reclamation actof 1977 (public law 95-87), and for which there is no continuing reclamationresponsibility under the laws of this state or of the United States.
(d) The secretary is authorized to make annual or otherapplications for supportof the department's plans and programs and implementation ofspecific reclamation projectsto the secretary of the interior, which applications shall contain the informationrequired by the national surface mining control andreclamation act of 1977 (public law 95-87); and thesecretary is authorized to make such otherreports as may be requested from time to time by the secretary of interiorin connection with administration of such plans and programs. The secretaryalso shall make an annual report to Congress onoperations relative to reclamationof abandoned mines and make recommendations as to future uses of federalfunds available for such reclamation.
(e) (1) Within six months after the completion of projects to restore,reclaim, abate, control, or prevent adverse effects of past coal miningpractices on privately owned land, the department shallitemize the moneys soexpended and may file a statement thereof in the office of the clerk ofthe district court in the county in which the land lies, together with averified appraisal by an independent appraiser of the value of the landbefore the restoration, reclamation, abatement, control, or prevention ofadverse effects of past coal mining practices if the moneys so expendedshall result in a significant increase in property value. Such statementshall constitute a lien upon the land. The lien shall not exceed theamount determined by the appraisal to be the increase in the market valueof the land as a result of the restoration, reclamation, abatement, control,or prevention of the adverse effects of past coal mining practices. Nolien shall be filed against the property of any person, in accordance withthis subsection, who owned the surface prior to May 2, 1977, and who neitherconsented to nor participated in nor exercised control over the miningoperation which necessitated the reclamation performed hereunder.
(2) The landowner may bring a civil action in the district court of thecounty wherein the subject land lies within 60 days of the filingof the lien, to determine the increase in the market value of the land asa result of the restoration, reclamation, abatement, control, or preventionof the adverse effects of past coal mining practices. The amount reportedto be the increase in value of the premises shall constitute the amountof the lien and shall be recorded with the statement herein provided. Theonly necessary party defendant shall be the secretary. Any party aggrievedby the decision mayappeal as provided by law.
(3) The lien provided in this section shall be recorded in the countyin which the land lies. Such statement shall constitute a lien upon theland as of the date of the expenditure of the moneys and shall havepriority as a lien second only to the lien of real estate taxes imposedupon the land. Such lien shall be for the benefit of the department.
(4) If liens are filed affecting a tract, affected portions of which liein more than one county, a civil action brought to determine the increasein value as provided herein, and any action for foreclosure, may be broughtin any county in which land subject to such lien lies.
History: L. 1979, ch. 169, § 16; L. 1982, ch. 226, § 1;L. 1988, ch. 192, § 29;L. 2001, ch. 5, § 186; July 1.