US Lawyer Database

§ 53-9-123. Authority with regard to land affected by noncoal mining practices; agreement of landowner; required findings; limitations on expenditure of funds

The commission shall have the authority granted in Sections 53-9-107(1) and 53-9-109, as applied to land or water resources that have been adversely affected by mining practices other than coal mining practices, only upon the agreement of the current landowner(s). The commission shall have this authority only after making the findings required by Section 53-9-107(1)(a) […]

§ 53-9-107. Right of entry upon property adversely affected by past coal mining; order and required findings; right of entry upon property to conduct studies or exploratory work

If the commission issues an order making a finding in writing with supporting facts that: Land or water resources have been adversely affected by past coal mining practices; The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; The owners of the […]

§ 53-9-111. Review of commission action; formal hearing; landowner rights and remedies

Any landowner who has received notice of condemnation or acquisition from the commission under Section 53-9-109 may, within fifteen (15) days following the notice, make written application to the commission for a formal hearing regarding the actual need or advisability for the acquisition. The commission shall hear the landowner’s grievance within thirty (30) days following […]

§ 53-9-113. Itemization of funds expended; filing of statement in county land records detailing increase in land value from expenditure of fund; statement to constitute lien upon land; hearing and appeal

Within six (6) months after the completion of projects funded by the commission, in whole or in part, with funds from the Abandoned Mine Lands Reclamation Account to restore, reclaim, abate, control or prevent adverse effects of past mining practices on privately owned land, the executive director shall itemize the funds expended and may file […]

§ 53-9-115. Governor may request action against certain hazards caused by mining of minerals other than coal; limitations on funds available; acquisition of interest in land

The Governor may request the secretary to authorize the commission to fill voids, seal open or abandoned tunnels, shafts and entryways, and reclaim surface impacts of underground or surface mining of minerals other than coal which the secretary determines could endanger life and property, constitute a hazard to public health and safety, or degrade the […]