Tennessee § 59-8-405 - Emergency authority.
Full text of Tennessee Tennessee Code Annotated § 59-8-405 — Emergency authority., with citation guidance and answers to common questions.
§ 59-8-405. Emergency authority.
The commissioner is authorized to expend moneys from the Tennessee surface mine reclamation fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the commissioner finds that: An emergency exists constituting a danger to the public health, safety, or general welfare; and No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effect of coal mining practices. The commissioner, commissioner's agents, employees, and contractors, shall have the right to enter upon any land where the emergency exists, and any other land, to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices, and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry shall be construed as an exercise of the police power, and shall not be construed as an act of condemnation of property nor of trespass thereon. The money expended for such work and the benefits accruing to any such land shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for alleged damages by virtue of such entry; provided, however, that this subdivision (b)(3) is not intended to create new rights of action or eliminate existing immunities. Acts 1987, ch. 251, § 9. Cross-References. Surface mine reclamation fund, § 59-8-303 .
Frequently Asked Questions About Tennessee § 59-8-405
What does Tennessee Code Annotated § 59-8-405 cover?
Section 59-8-405 ("Emergency authority.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 59-8-405?
A common citation format is "Tennessee Code Annotated § 59-8-405" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 59-8-405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.