49-433. Acquisition of abandoned mined-land; findings required; eminent domain permitted, when; acquisition expenditures; disposition of revenue. - Kansas Statutes

49-433

Chapter 49.--MINES AND MINING Article 4.--MINED-LAND CONSERVATION AND RECLAMATION

      49-433.   Acquisition of abandoned mined-land; findings required; eminentdomain permitted, when; acquisition expenditures; disposition of revenue.(a) The secretary may acquire eligible abandonedmined-land by purchase ordonation if the secretary finds:

      (1)   That after restoration, reclamation, abatement, control or preventionof the adverse effects of past coal-mining practices, such land would providerecreation, historic, conservation and reclamation purposes; and

      (2)   that permanent facilities such as a treatment plant or a relocatedstream channel shall be constructed on the land for the restoration, reclamation,abatement, control or prevention of the adverse effects of past coal-miningpractices; or

      (3)   that acquisition of coal refuse disposal sites and any coal refusethereon shall achieve the purposes of this act or that public ownershipis desirable to meet emergency situations and prevent recurrences of theadverse effects of past coal-mining practices.

      (b)   The secretary may acquire eligibleabandoned mined-land by eminent domainif the secretary finds:

      (1)   The property in question meets the requirements of subsection (a); and

      (2)   the property owner or owners thereof have refused thesecretary's offerto purchase the eligible abandoned mined-land.

      (c)   Before the secretary initiates eminentdomain proceedings, a hearing shallbe held to determine if the property in question meets the requirementsof subsection (a). Notice of the hearing shall be mailed at least 30 daysprior thereto to the owners of such property by prepaid first-classmail. Any such property owner shall have the rightto appear at such hearing.

      (d)   After the hearing, if the secretary findsthat the property in questionmeets the requirements of subsection (a), thesecretary may initiate eminentdomain procedures in the manner provided by K.S.A. 26-501 et seq., andamendments thereto, to acquire such property.

      (e)   Any expenditure made to acquire, by purchase or eminent domain, eligibleabandoned mined-land property shall be made jointly from the abandoned mined-landfund and the mined-land conservation and reclamation fee fund and the contributionfrom the mined-land conservation and reclamation fee fund shall be at least10% of such expenditure.

      (f)   Title to all eligible abandoned mined-land acquired bypurchase, donationor eminent domain shall be in the name of the state of Kansas and administeredby the secretary.

      (g)   The secretary may sell any eligibleabandoned mined-land in the secretary's controlupon an order stating that reclamation in accordance with K.S.A. 49-428,and amendments thereto, has been completed.

      (h)   Moneys received from any sale of reclaimed abandoned mined-land shallbe deposited in the abandoned mined-land fund to be used on further abandonedmined-land projects.

      (i)   The secretary may lease any eligibleabandoned mined-land under the secretary's control,as long as the intended uses do not violate the reclamation purposes establishedin K.S.A. 49-428, and amendments thereto. Any moneys generated from thelease of abandoned mined-land under the secretary's controlshall be depositedin the abandoned mined-land fund to be used for further abandoned mined-land projects.

      History:   L. 1983, ch. 178, § 1;L. 1988, ch. 192, § 32; July 1.