Sec. 1. Notwithstanding any other provision of this chapter, this chapter does not apply to coal mining operations if IC 14-34 is applicable to those operations under IC 14-34-1-4(a) or IC 14-34-1-4(b). [Pre-1995 Recodification Citation: 14-4-2.1-1.5.] As added by P.L.1-1995, SEC.29.
Sec. 10. The director may: (1) grade, plant, and perform other acts of restoration and reclamation; or (2) contract for the performance of restoration or reclamation work; to the extent and subject to the conditions that state or federal money is appropriated and available. [Pre-1995 Recodification Citation: 14-4-2.1-6.] As added by P.L.1-1995, SEC.29.
Sec. 11. After restoration of the acquired land, the department may, with the approval of the governor, transfer jurisdiction of the land or a part of the land to a state agency that can best utilize the land for public purposes. [Pre-1995 Recodification Citation: 14-4-2.1-7.] As added by P.L.1-1995, SEC.29.
Sec. 12. (a) If the retention of the land by the department or other state agencies is determined to be impractical, the department may, with the approval of the governor, sell the land: (1) to political subdivisions of the state at the cost of acquisition and restoration; or (2) by public sale to the highest […]
Sec. 2. As used in this chapter, “land” means ground, soil, or solid materials of the earth: (1) disturbed by mining and not reclaimed under: (A) IC 14-34 or IC 13-4.1 (before its repeal); or (B) IC 14-36-1 or IC 13-4-6 (before its repeal); whether or not subject to IC 14-34 or IC 14-36-1 due […]
Sec. 3. As used in this chapter, “mining” means the following: (1) Surface mining. (2) Surface coal mining operations. (3) Underground mining. [Pre-1995 Recodification Citation: 14-4-2.1-1(a).] As added by P.L.1-1995, SEC.29.
Sec. 4. As used in this chapter, “reclamation” means rehabilitation under IC 14-36-1. [Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.] As added by P.L.1-1995, SEC.29.
Sec. 5. As used in this chapter, “restore” or “restoration” means rehabilitation under IC 14-36-1. [Pre-1995 Recodification Citation: 14-4-2.1-1(c) part.] As added by P.L.1-1995, SEC.29.
Sec. 6. The department may acquire land by: (1) negotiation; or (2) exercise of the power of eminent domain under IC 32-24-1. [Pre-1995 Recodification Citation: 14-4-2.1-2.] As added by P.L.1-1995, SEC.29. Amended by P.L.2-2002, SEC.65.
Sec. 7. Before acquiring land the department shall extend to the owner of the land a reasonable opportunity to restore the land. If the owner: (1) agrees in writing to perform the restoration; and (2) starts the restoration within ninety (90) days; the land may not be acquired unless, in the opinion of the department, […]
Sec. 8. The determination of the negotiated price or condemnation price is subject to the following: (1) Anticipated costs of reclamation. (2) Cost of abating pollution conditions. [Pre-1995 Recodification Citation: 14-4-2.1-4.] As added by P.L.1-1995, SEC.29.
Sec. 9. The: (1) purchase price, for a negotiated acquisition; or (2) damages as finally determined, for acquisition by condemnation; and the necessary incidental expenses shall be paid from appropriations made by the general assembly or from federal money made available for these purposes. [Pre-1995 Recodification Citation: 14-4-2.1-5.] As added by P.L.1-1995, SEC.29.
