§ 15-58-406 - Condemnation.
               	 		
15-58-406.    Condemnation.
    (a)  The  Director of the Arkansas Department of Environmental Quality,  personally or through his or her authorized legal representative,  pursuant to an approved state abandoned mine reclamation program, may  acquire for the state any land, by purchase, donation, or condemnation,  which is adversely affected by past coal mining practices if the  director determines that acquisition of such land is necessary to  successful reclamation and that:
      (1)    (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 provide open-space benefits; and
            (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
      (2)  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.
(b)  Title to all lands acquired pursuant to this section shall be in the name of the state.
(c)  The  price paid for land acquired under this section shall reflect the  market value of the land as adversely affected by past coal mining  practices.