1. (a) This section applies if the director makes a finding of fact that:

   1. (1) land or water resources have been adversely affected by past coal mining practices;
   2. (2) the adverse effects of past coal mining practices are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and

   3. (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:

      1. (A) are not known or readily available; or

      2. (B) will not give permission for:

         1. (i) the United States;
         2. (ii) the state;
         3. (iii) a political subdivision; or

         4. (iv) an agent, an employee, or a contractor of the United States, the state, or the political subdivision;

            to enter upon the property to restore, reclaim, rebate, control, or prevent the adverse effects of past coal mining practices.

2. (b) The director may, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising one (1) time in a newspaper of general circulation in the county in which the land lies, do the following:

   1. (1) Enter upon the property adversely affected by past coal mining practices and any other property to have access to that property.
   2. (2) Do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

3. (c) Entry under this section is:

   1. (1) an exercise of the police power for the protection of public health and safety; and

   2. (2) not an act of:

      1. (A) condemnation of property; or
      2. (B) trespass.

4. (d) The money expended for the work and the benefits accruing to the premises entered under this section:

   1. (1) is chargeable against the land; and

   2. (2) mitigates or offsets:

      1. (A) a claim in; or

      2. (B) an action brought by an owner of;

         an interest in the premises for alleged damages by virtue of the entry.

         However, this subsection does not create new rights of action or eliminate existing immunities.

         [Pre-1995 Recodification Citation: 13-4.1-15-4.]

As added by P.L.1-1995, SEC.27. Amended by P.L.165-2011, SEC.30.