1950

LAWS OF MARYLAND

Ch. 481

(a) (1) [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] 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, IF THE
DEPARTMENT MAKES A FINDING OF FACT THAT:

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

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

(III)  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:

1.  ARE NOT KNOWN, OR NOT READILY
AVAILABLE; OR

2.  WILL NOT GIVE PERMISSION FOR THE
DEPARTMENT, ITS AGENTS, EMPLOYEES, OR CONTRACTORS TO ENTER
ON THE PROPERTY TO RESTORE, RECLAIM, ABATE, CONTROL, OR
PREVENT THE ADVERSE EFFECTS OF PAST COAL MINING PRACTICES.

(2) 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] UNDER a court
order shall not be construed as an act of condemnation of OR
TRESPASS ON property [nor of trespass thereon]. The
[moneys] MONEY expended for [such] THE work and the benefits