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350.585 Emergency restoration and reclamation.
(1)
(2)
The cabinet is authorized to expend moneys from the fund for the emergency
restoration, reclamation, abatement, control, or prevention of adverse effects of coal
mining practices, on eligible lands, if the cabinet makes finding of fact that:
(a) An emergency exists constituting a danger to the public health, safety, or
general welfare; and
(b) No other person or agency will act expeditiously to restore, reclaim, abate,
control, or prevent the adverse effects of coal mining practices.
The cabinet, its agents, employees, and contractors shall have the right to enter upon
any land where the emergency exists and any other land to have access to the land
where the emergency exists to restore, reclaim, abate, control, or prevent the
adverse effects of coal mining practices and to do all things necessary or expedient
to protect the public health, safety, or general welfare. Such entry shall be construed
as an exercise of the police power and shall not be construed as an act of
condemnation of property nor of trespass thereof. 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.
History: Created 1980 Ky. Acts ch. 62, sec. 25.
Legislative Research Commission Note. The provisions of this section became
operative on May 18, 1982, when the conditional approval granted by the United
States Secretary of the Interior appeared in the Federal Register.
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