2016 Kentucky Revised Statutes CHAPTER 350 - SURFACE COAL MINING .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, or
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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 adverse
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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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