350.152 Acquisition of land by Commonwealth for reclamation purposes.
299 words·~1 min read·
/ky/chapter-350/350-152A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Commonwealth, acting by and through its Energy and Environment Cabinet,
shall have the power to acquire, either by negotiation or by exercise of the power of
eminent domain, land which has been affected or disturbed by strip or auger mining,
or by other surface coal mining operations which consists of orphan banks or
unreclaimed spoil piles.
(2)Prior to acquiring any land pursuant to KRS 350.152 to 350.163 and KRS 350.240,
the Energy and Environment Cabinet shall extend to the owners thereof an
opportunity to backfill, grade, plant, and do other acts of restoration thereon to the
same extent and within the same time limits as prescribed by this chapter and
regulations adopted pursuant thereto. If the owner or owners agree in writing to
perform such restoration and, weather permitting, start such restoration within a
period of thirty
(30)days, the land shall not be acquired by the Commonwealth.
(3)The Energy and Environment Cabinet shall attempt to purchase any land which it
has determined should be acquired for the purpose of restoration and which the
owners have not agreed to restore as provided in subsection
(2)above. In any case
where the cabinet and the owners of the land are unable to agree upon the amount to
be paid for the land, the cabinet may exercise the power of eminent domain against
such land by filing a condemnation suit under the procedure of the Eminent Domain
Act of Kentucky.
(4)The purchase price, in the case of a negotiated acquisition, or the damages as finally
determined, in the case of acquisition by condemnation, and the necessary expenses
incidental thereto, shall be paid from appropriations made by the General Assembly
for such purposes and appropriations to which federal funds made available for such
purposes have been credited.