(a) The Commission, its agents, employees, or contractors
may enter land to perform reclamation activities or conduct studies
or exploratory work to determine the existence of the adverse effects
of past coal mining if consent from the owner is obtained pursuant
to §12.813 of this title (relating to Written Consent for Entry).
(b) The Commission shall be entitled to enter any property
to conduct studies or exploratory work to determine:
(1) the existence of adverse effects of past coal mining
practices; and
(2) the feasibility of restoration, reclamation, abatement,
control, or prevention of those adverse effects.
(c) The Commission shall be entitled to enter property
adversely affected by past coal mining practices or other property
necessary to have access to that property to perform the activities
necessary or expedient to restore, reclaim, abate, control, or prevent
the adverse effects if the Commission:
(1) makes a finding of fact that:
(A) land or water resources have been adversely affected
by past coal mining practices;
(B) the adverse effects are at a stage at which action
to restore, reclaim, abate, control, or prevent the adverse effects
of past coal mining practices should be taken to protect the public
interest; and
(C) 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 either are not known
or readily available or will not permit this state or a political
subdivision to enter the property to restore, reclaim, abate, control,
or prevent the adverse effects of past coal mining practices; and
(2) gives written notice of intent to enter at least
30 days prior to entering the property:
(A) to the owner, if known, by certified mail, return
receipt requested. A copy of the findings required under paragraph
(1) shall be included with the notice; or
(B) if the owner is not known, or if the current mailing
address of the owner is not known, notice shall be posted in one or
more places on the property to be entered where the notice is readily
visible to the public and advertised once in a newspaper of general
circulation in the locality in which the land is located. The notice
posted on the property and advertised in the newspaper shall include
a statement of where the findings required under paragraph (1) of
this subsection may be inspected or obtained.
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