HARRY HUGHES, Governor

1155

(5)   THE PROTECTION, REPAIR, REPLACEMENT,
CONSTRUCTION, OR ENHANCEMENT OF PUBLIC FACILITIES SUCH AS
UTILITIES, ROADS, RECREATION, AND CONSERVATION FACILITIES
ADVERSELY AFFECTED BY COAL MINING PRACTICES;

(6)   THE DEVELOPMENT OF PUBLICLY OWNED LAND
ADVERSELY AFFECTED BY COAL MINING PRACTICES INCLUDING LAND
ACQUIRED AS PROVIDED IN THIS ARTICLE FOR RECREATION AND
HISTORIC PURPOSES, CONSERVATION, AND RECLAMATION PURPOSES
AND OPEN SPACE BENEFITS.

(B) LANDS AND WATER ELIGIBLE FOR RECLAMATION
EXPENDITURES UNDER THIS TITLE ARE THOSE WHICH WERE MINED FOR
COAL, OR WHICH WERE AFFECTED BY SUCH MINING, WASTEBANKS,
COAL PROCESSING, OR OTHER COAL MINING PROCESSES AND
ABANDONED OR LEFT IN AN INADEQUATE RECLAMATION STATUS PRIOR
TO AUGUST 3, 1977, AND FOR WHICH THERE IS NO CONTINUING
RECLAMATION RESPONSIBILITY UNDER STATE OR FEDERAL LAW.

7-907.

(A) IF THE DEPARTMENT MAKES A FINDING OF FACT THAT:

(1)   LAND OR WATER RESOURCES HAVE BEEN ADVERSELY
AFFECTED BY PAST COAL MINING PRACTICES; AND

(2)   THE ADVERSE EFFECTS ARE AT A STAGE WHERE,
IN THE PUBLIC INTEREST, ACTION TO RESTORE, RECLAIM, ABATE,
CONTROL, OR PREVENT SHOULD BE TAKEN; AND

(3)   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 NOT READILY AVAILABLE; OR

(4)   THE OWNERS WILL NOT GIVE PERMISSION FOR THE
DEPARTMENT, ITS AGENTS, EMPLOYEES, OR CONTRACTORS TO ENTER
UPON SUCH PROPERTY TO RESTORE, RECLAIM, ABATE, CONTROL, OR
PREVENT THE ADVERSE EFFECTS OF PAST COAL MINING PRACTICES.

THEN, THE DEPARTMENT MAY SEEK AN ORDER FROM THE CIRCUIT
COURT FOR THE COUNTY IN WHICH THE LAND OR WATER RESOURCES IS
LOCATED AUTHORIZING THE DEPARTMENT, ITS AGENTS, EMPLOYEES,
OR CONTRACTORS TO ENTER UPON THE PROPERTY ADVERSELY AFFECTED
BY PAST COAL MINING PRACTICES AND ANY OTHER PROPERTY TO HAVE
ACCESS TO THE AFFECTED PROPERTY AND TO DO ALL THINGS
NECESSARY OR EXPEDIENT TO RESTORE, RECLAIM, ABATE, CONTROL,
OR PREVENT THE ADVERSE EFFECTS. THE COURT SHALL CONSIDER
WHETHER THE ENTRY IS A NECESSARY EXERCISE OF THE POLICE
POWER FOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND
WELFARE AND THE ACTIONS OF THE DEPARTMENT PURSUANT TO A
COURT ORDER SHALL NOT BE CONSTRUED AS AN ACT OF CONDEMNATION
OF PROPERTY NOR OF TRESPASS THEREON. THE MONEYS EXPENDED
FOR SUCH WORK AND THE BENEFITS ACCRUING TO ANY SUCH PREMISES
SO ENTERED UPON SHALL BE CHARGEABLE AGAINST SUCH LAND AND
SHALL MITIGATE OR OFFSET ANY CLAIM IN OR ANY ACTION BROUGHT