444.925. Entry upon property by commission staff, procedure--acquisition of land by commission--use and disposal of land--price--public hearings.
Entry upon property by commission staff, procedure--acquisition ofland by commission--use and disposal of land--price--public hearings.
444.925. 1. If the commission, pursuant to an approvedstate program, makes a finding of fact that:
(1) Land or water resources have been adversely affected bypast coal mining practices; and
(2) The adverse effects are at a stage where, in the publicinterest, action to restore, reclaim, abate, control, or preventshould be taken; and
(3) The owners of the land or water resources where entrymust be made to restore, reclaim, abate, control, or prevent theadverse effects of past coal mining practices are not known, orreadily available; or
(4) The owners will not give permission to enter upon suchproperty to restore, reclaim, abate, control, or prevent theadverse effects of past coal mining practices;then, upon giving notice by mail to the owners if known or if notknown by posting notice upon the premises and advertising once ina newspaper of general circulation in the county in which theland lies, the commission, its agents, employees, or contractors,shall have the right to enter upon the property adverselyaffected by past coal mining practices and any other property tohave access to such property to do all things necessary orexpedient to restore, reclaim, abate, control, or prevent theadverse effects. Such entry shall be construed as an exercise ofthe police power for the protection of public health, safety, andgeneral welfare and shall not be construed as an act ofcondemnation of property nor of trespass thereon. The moneysexpended for such work and the benefits accruing to any suchpremises so entered upon shall be chargeable against such landand shall mitigate or offset any claim in or any action broughtby any owner of any interest in such premises for any allegeddamages by virtue of such entry; provided, however, that thisprovision is not intended to create new rights of action oreliminate existing immunities.
2. The commission, its agents, employees, or contractorsshall have the right to enter upon any property for the purposeof conducting studies or exploratory work to determine theexistence of adverse effects of past coal mining practices and todetermine the feasibility of restoration, reclamation, abatement,control, or prevention of such adverse effects. Such entry shallbe construed as an exercise of the police power for theprotection of public health, safety, and general welfare andshall not be construed as an act of condemnation of property nortrespass thereon.
3. The commission may acquire any land, by purchase,donation, or condemnation, which is adversely affected by pastcoal mining practices if the commission determines thatacquisition of such land is necessary to successful reclamationand that:
(1) The acquired land, after restoration, reclamation,abatement, control, or prevention of the adverse effects of pastcoal mining practices, will serve recreation and historicpurposes, conservation and reclamation purposes or provide openspace benefits; and
(2) Permanent facilities such as a treatment plant or arelocated stream channel will be constructed on the land for therestoration, reclamation, abatement, control or prevention of theadverse effects of past coal mining practices; or
(3) Acquisition of coal refuse disposal sites and all coalrefuse thereon will serve the purposes of sections 444.915 to444.940 or that public ownership is desirable to meet emergencysituations and prevent recurrences of the adverse effects of pastcoal mining practices.
4. Title to all lands acquired pursuant to this sectionshall be in the name of the state. The price paid for landacquired under this section shall reflect the market value of theland as adversely affected by past coal mining practices.
5. Where land acquired pursuant to this section is deemed tobe suitable for industrial, commercial, residential, orrecreational development, the commission may sell such land bypublic sale under a system of competitive bidding, at not lessthan fair market value and under such other regulationspromulgated to insure that such lands are put to proper useconsistent with local and state land use plans, if any.
6. The commission, when requested after appropriate publicnotice shall hold a public hearing, with the appropriate notice,in the county or counties in which lands acquired pursuant tothis section are located. The hearings shall be held at a timewhich shall afford local citizens and governments the maximumopportunity to participate in the decision concerning the use or*disposition of the lands after restoration, reclamation,abatement, control, or prevention of the adverse effects of pastcoal mining practices.
(L. 1979 H.B. 459)*Word "of" appears in original rolls.