49-432. Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.
49-432
49-432. Authority of secretary and department personnel to enterproperty for certain purposes; entry construed as exercise of police power;studies, exploratory work.(a) If the secretarymakes a finding of fact that:
(1) Land or water resources have been adversely affected by past coalmining 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 madeto restore, reclaim, abate, control or prevent the adverse effects of pastcoal mining practices are not known or readily available; or
(4) the owners will not give permission for the secretary, or theagents, employeesor contractors of the department to enterupon such property to restore, reclaim, abate, control or prevent the adverseeffects of past coal mining practices; then, upon giving notice by mail tothe owners, if known, or if not known,by posting notice upon the premises and advertising once in a newspaperof general circulation in the county in which the land is located, the secretaryand the agents,employees or contractors of the departmentshall have the right to enter upon the property adversely affected by pastcoal mining practices and any other property to have access to such propertyto do all things necessary or expedient to restore, reclaim, abate, controlor prevent the adverse effects. Such entry shall be construed as an exerciseof the police power for the protection of public health, safety and generalwelfare and shall not be construed as an act of condemnation of propertynor of trespass thereon.
(b) Thesecretary and the agents,employees or contractors of the department, pursuantto an approved state program,shall have the right to enter upon any property for the purpose of conductingstudies or exploratory work to determine the existence of adverse effectsof past coal mining practices and to determine the feasibility of restoration,reclamation, abatement, control or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for theprotection of public health, safety and general welfare and shall not beconstrued as an act of condemnation of property nor trespass thereon.
History: L. 1982, ch. 226, § 2;L. 1988, ch. 192, § 31; July 1.