Before acquiring land the department shall extend to the owner of the land a reasonable opportunity to restore the land. If the owner:

1. (1) agrees in writing to perform the restoration; and

2. (2) starts the restoration within ninety (90) days;

   the land may not be acquired unless, in the opinion of the department, there is not a satisfactory effort to complete restoration.

   [Pre-1995 Recodification Citation: 14-4-2.1-3.]

As added by P.L.1-1995, SEC.29.