Kansas Statutes
Article 4 - Mined-land Conservation And Reclamation
49-402d Rights saved in legal actions and proceedings.

49-402d. Rights saved in legal actions and proceedings. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the state corporation commission or the mined-land conservation and reclamation board, or by or against any officer of the commission or the board in relation to the discharge of such officer's official duties, shall abate by reason of the transfer of powers, duties and functions effected under provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the Kansas department of health and environment or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking of effect of this act.
History: L. 1988, ch. 192, § 4; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 49 - Mines And Mining

Article 4 - Mined-land Conservation And Reclamation

49-401 Short title.

49-402 Declaration of policy.

49-402a Jurisdiction and authority vested in department of health and environment; powers, duties and functions conferred; abolition of board and office of executive director; application of documentary references and designations; rules and regulati...

49-402b Appropriations, unexpended balances transferred, use; officers and employees, liability for accrued compensation assumed by department of health and environment.

49-402c Property and records transferred; resolution of conflicts by governor.

49-402d Rights saved in legal actions and proceedings.

49-402e Officers and employees transferred; civil service status; benefits and rights retained.

49-403 Definitions.

49-404 Employment of inspectors and other personnel; contracts for technical services authorized; financial interest in coal mining operation prohibited; penalties for violation of prohibition; rules and regulations for enforcement; reports to congre...

49-405 Powers and authority of secretary.

49-405a Training, examination and certification of certain persons responsible for blasting or use of explosives; rules and regulations requiring.

49-405b Area designated as unsuitable for surface coal mining operations, when; petition to have area so designated or designation terminated; hearing; duties of secretary.

49-405c Civil penalty for violation of permit condition or provision of act; determination of amount of penalty; hearing; criminal penalty for violations; civil penalty for failure to correct a violation for which a citation has been issued; right to...

49-405d Inspections, when; reports; signs, where, required information; violations; public records.

49-406 Permit to engage in surface mining; compliance with federal act required; annual statement of coal mined; application for permit, contents; notice of application for permit, publication; map and plan to accompany application; disapproval of ap...

49-407 Permit to engage in surface mining; approval, modification or denial; determination and order of secretary, contents; applicant to file schedule listing notices of violation; prime farmland area, effect; informal conference; notice and hearing...

49-408 Reclamation of land; regulations of secretary; public waters, extent.

49-409 Revegetation of affected areas.

49-410 Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.

49-411 Commencement of reclamation, when; grading.

49-413 Planting report; inspection and evaluation of vegetative cover.

49-415 Reclamation reports; release of bond, when; hearing; conduct of hearing.

49-416 Effect of revocation of permit or forfeiture of bond upon future permits.

49-416a Review of notice or order; investigation and public hearing; order vacating, affirming, modifying or terminating notice or order; show cause order to suspend or revoke permit, hearing; assessment of costs.

49-417 Reclamation by secretary; use of authorized funds; authority to contract; competitive bids; posting of bond or cash deposit by contractor; release of operator's bond, when.

49-418 Effect on existing laws.

49-420 Mined-land conservation and reclamation fee fund and mined-land reclamation fund; administrative expenses.

49-421a Penalty for interference with performance of duties of department or its employees or agents.

49-422a Judicial review.

49-423 Savings clause.

49-425 Interests in water resources not affected; replacement of water supply.

49-426 Civil action to compel compliance with act; limitations; award of costs of litigation; rights to seek other relief not restricted; action for damages for injuries.

49-427 Coal exploration operations; exploration regulations; trade secrets or privileged commercial or financial information confidential; limitations on amount of coal removed under exploration permit.

49-428 Reclamation of land having abandoned mines; plans and programs developed by secretary; abandoned mined-land fund created; priorities in development of plans and programs; abandoned mines eligible for inclusion; application to secretary of inte...

49-429 Application of act to underground coal mining.

49-430 Supplemental provisions.

49-431 Act not applicable to extraction of coal in certain circumstances.

49-432 Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.

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