2013 Kentucky Revised Statutes CHAPTER 350 - SURFACE COAL MINING 350.570 Right of cabinet to enter upon land for reclamation purposes -- Acquisition and disposal of land by Commonwealth.
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350.570 Right of cabinet to enter upon land for reclamation purposes -Acquisition and disposal of land by Commonwealth.
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If the cabinet makes a finding of fact pursuant to the Abandoned Mine Lands
Program that:
(a) Land or water resources have been adversely affected by past coal
mining practices; and
(b) The adverse effects are at a stage where, in the public interest, action to
restore, reclaim, abate, control, or prevent should be taken; and
(c) 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
(d) The owners will not give permission for the United States, the
Commonwealth, political subdivisions, or 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;
then, upon giving notice by mail to the owners if known, or if not known, by
posting notice upon the premises and advertising once in a newspaper of
general circulation in the municipality or county in which the land lies, the
cabinet and its authorized representatives, agents, and contractors shall have
the right to enter upon the property adversely affected by past coal mining
practices, and any other property to have access to such property to do all
things necessary or expedient to restore, reclaim, abate, control, or prevent the
adverse effects. Such entry shall be construed as an exercise of the police
power for the protection of public health, safety, and general welfare and shall
not be construed as an act of condemnation of property nor of trespass
thereon. The moneys expended for such work and the benefits accruing to any
such premises so entered upon shall be chargeable against such land and
shall mitigate or offset any claim in or any action brought by any owner of any
interest in such premises for any alleged damages by virtue of such entry:
provided, however, that this provision is not intended to create new rights of
action or eliminate existing immunities.
The cabinet and its authorized representatives, agents, and contractors shall
have the right to enter upon any 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. Such entry shall be
construed as an exercise of the police power for the protection of public health,
safety, and general welfare, and shall not be construed as an act of
condemnation of property nor trespass thereon.
The Commonwealth shall have the power to acquire, by purchase, donation,
devise, or condemnation, any land which is adversely affected by past coal
mining practices if acquisition of such land is necessary for 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,
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or provide open space benefits; or
(b) 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
(c) Acquisition of coal refuse disposal sites and all coal refuse thereon will
serve the purposes of this chapter or that public ownership is desirable to
meet emergency situations and prevent recurrences of the adverse
effects of past coal mining practices.
Title to all lands acquired pursuant to this section shall be in the name of the
Commonwealth. The price paid for the land acquired under this section shall
reflect the market value of the land as adversely affected by past coal mining
practices. The Commonwealth may exercise the power of eminent domain
against such land by filing a condemnation suit under the procedure of the
Eminent Domain Act of Kentucky. Provided, that when the Commonwealth
acquires land adversely affected by past coal mining practices pursuant to the
Abandoned Mine Lands Program and when such abandoned mine reclamation
fund moneys are less than the purchase price, the Commonwealth shall be
authorized to use whatever funds are available pursuant to KRS 350.156(3).
The Energy and Environment Cabinet may receive any federal, state, or other
funds for the purpose of reclaiming lands affected by past coal mining
practices, including federal funds made available to it pursuant to Title IV of the
Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87). The cabinet
may avail itself of any services which may be provided by other state agencies
or the federal government, and may compensate them for such services.
The cabinet shall have the power to backfill, grade, revegetate, and perform
other acts of restoration and reclamation on lands acquired pursuant to this
section. The cabinet may cause the reclamation work to be done by its own
employees or by employees of other governmental agencies or soil
conservation districts, or through contracts with qualified persons. Such
contracts shall be awarded pursuant to regulations promulgated by the cabinet.
The cabinet and any other agency and any contractor under a contract with the
cabinet shall have the right of access to the land affected to carry out such
reclamation.
Where land acquired pursuant to this section is deemed to be suitable for
industrial, commercial, residential, or recreational development, the
Commonwealth shall have the power to sell such land by public sale under a
system of competitive bidding, at not less than fair market value and under
such regulations as may be promulgated to insure that such lands are put to
proper use consistent with local and state land use plans, if any. The proceeds
of any such sale shall be credited to the abandoned mine reclamation fund.
The cabinet, when requested after appropriate public notice, shall hold a public
hearing, with the appropriate notice, in the county or counties in which lands
acquired pursuant to this section are located. The hearings shall be held at a
time which shall afford local citizens and governments the maximum
opportunity to participate in the decision concerning the use or disposition of
the lands after restoration, reclamation, abatement, control, or prevention of the
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adverse effects of past coal mining practices.
In addition to the authority to acquire and reclaim land for the purposes set
forth in subsection (3) of this section, the Commonwealth is given authority to
use money in the fund to acquire land by purchase, donation, devise, or
condemnation and to reclaim such land and to transfer it to any political
subdivision of the Commonwealth or to any person, firm, association, or
corporation, if such is an integral and necessary element of an economically
feasible plan for a project to construct or rehabilitate housing for persons
disabled as the result of employment in the mines or work incidental thereto,
persons displaced by acquisition of land pursuant to this section, persons
dislocated as the result of adverse effects of coal mining practices which
constitute an emergency as provided in KRS 350.585, or persons dislocated as
the result of natural disasters or catastrophic failures from any cause, or any
related commercial, industrial, agricultural, recreational, or governmental use of
facilities. Such activities shall be accomplished under such terms and
conditions as the Commonwealth shall require, which may include transfers of
land with or without monetary consideration. Provided, that to the extent that
the consideration is below the fair market value of the land transferred, no
portion of the difference between the fair market value and the consideration
shall accrue as a profit to such persons, firm, association, or corporation. No
part of the funds provided under the abandoned mine reclamation fund may be
used to pay the actual construction costs of housing.
All acquisitions and disposals of land or any interests therein pursuant to the
authority granted by this section shall be governed by the applicable provisions
of KRS Chapters 45A and 56.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1893, effective July 15, 2010. -Amended 1990 Ky. Acts ch. 496, sec. 64, effective July 13, 1990. -- Created
1980 Ky. Acts ch. 62, sec. 22.
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