Oklahoma § 45-740.5 - Property adversely affected by past coal mining

§ 45-740.5. Property adversely affected by past coal mining

practices - Entry - Acquisition - Title - Disposition.

A. If the Commission makes a finding of fact that:

Land or water resources have been adversely affected by past

coal mining practices; and the adverse effects are at a stage where,

in the public interest, action to restore, reclaim, abate, control

or prevent the adverse effects of past coal mining practices should

be taken; and the owners of the land or water resources where entry

must be made to restore, reclaim, abate, control or prevent the

adverse effects of past coal mining practices are not known, or

readily available; or the owners will not give permission for the

state or any political subdivision to enter on the property to

restore, reclaim, abate, control or prevent the adverse effects of

past coal mining practices; then, on giving notice by mail to the

owners of record, if known, or, if not known, by posting notice on

the premises and advertising once in a newspaper of general

circulation in the county in which the land lies, the Commission is

entitled to enter on the property adversely affected by the past

coal mining practices and any other necessary access property to do

all things necessary or expedient to restore, reclaim, abate,

control or prevent the adverse effects. This entry shall not be

construed as an act of condemnation of property nor of trespass. The

monies expended for that work and the benefits accruing to those

premises entered on shall be chargeable against the land and shall

mitigate or offset any claim or action brought by any owner of any

interest in the premises for damages by virtue of such entry;

provided, this provision is not intended to create new rights of

action or eliminate existing immunities.

B. The Commission is entitled to enter on any property for the

purposes of conducting studies or exploratory work to determine the

existence of adverse effects of past coal mining practices and to

determine the feasibility of restoration, reclamation, abatement,

control or prevention of those adverse effects. Such entry shall

not be construed as an act of condemnation of property nor of

trespass.

Oklahoma Statutes - Title 45. Mines and Mining

C. The state may acquire any land, where it is to the public

interest, by purchase, donation or condemnation, that is adversely

affected by past coal mining practices if the Commission determines

that acquisition of the land is necessary to successful reclamation

and that:

1. 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

2. 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

3. Acquisition of coal refuse disposal sites and all coal

refuse on those sites will serve the purposes of this section or

that public ownership is desirable to meet emergency situations and

prevent recurrences of the adverse effects of past coal mining

practices.

D. Title to all land acquired pursuant to this section shall be

in the name of the state.

E. Where land acquired pursuant to this section is deemed to be

suitable for industrial, commercial, residential or recreational

development, the state may sell the land by public sale under a

system of competitive bidding, at not less than fair market value

and under such rules as are promulgated to insure that the land is

put to proper use consistent with local plans, if any, as determined

by the Commission. Where federal funds are involved in the

acquisition of the land to be sold, the land may be sold only when

authorized by the Secretary of the United States Department of the

Interior. The Commission, after appropriate public notice, shall

hold a public hearing in the county or counties of the state in

which land acquired pursuant to this section is located. The

hearings shall be held at a time that shall afford local citizens

and governments the maximum opportunity to participate in the

decision concerning the use or disposition of the land after

restoration, reclamation, abatement, control or prevention of the

adverse effects of past coal mining practices.

Laws 1981, c. 185, § 5, emerg. eff. May 19, 1981.