Effective - 28 Aug 1979
444.925. Entry upon property by commission staff, procedure — acquisition of land by commission — use and disposal of land — price — public hearings. — 1. If the commission, pursuant to an approved state program, makes a finding of fact that:
(1) Land or water resources have been adversely affected by past coal mining practices; and
(2) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
(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 are not known, or readily available; or
(4) The owners will not give permission to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the county in which the land lies, the commission, its agents, employees, or contractors, shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry; provided, however, that this provision is not intended to create new rights of action or eliminate existing immunities.
2. The commission, its agents, employees, or contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor trespass thereon.
3. The commission may acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the commission determines that acquisition of such land is necessary to successful reclamation and that:
(1) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and
(2) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices; or
(3) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of sections 444.915 to 444.940 or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.
4. Title to all lands acquired pursuant to this section shall be in the name of the state. The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.
5. Where land acquired pursuant to this section is deemed to be suitable for industrial, commercial, residential, or recreational development, the commission may sell such land by public sale under a system of competitive bidding, at not less than fair market value and under such other regulations promulgated to insure that such lands are put to proper use consistent with local and state land use plans, if any.
6. The commission, when requested after appropriate public notice shall hold a public hearing, with the appropriate notice, in the county or counties in which lands acquired pursuant to this section are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or* disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
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(L. 1979 H.B. 459)
*Word "of" appears in original rolls.
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 444 - Rights and Duties of Miners and Mine Owners
Section 444.020 - Failure to post statement of conditions, effect — rights of miners.
Section 444.030 - Tender of payment.
Section 444.040 - Notice to owner or lessee.
Section 444.050 - Ownership of ore.
Section 444.060 - Injunction or restraining order — how granted.
Section 444.070 - Mining extending to adjoining lands, how determined.
Section 444.080 - Order to be read.
Section 444.090 - Refusal to permit survey — penalty.
Section 444.100 - Provisions for mining coal in certain cities.
Section 444.110 - Notice of intention to mine — publication required.
Section 444.120 - Permit from mayor and council — petition to circuit court.
Section 444.130 - Court to authorize mining operations, when — period of time specified.
Section 444.140 - Form of bond required.
Section 444.150 - Written permission of owner required — violation — provisions for payment of fine.
Section 444.160 - Costs, paid by whom.
Section 444.180 - Certain sections apply only to coal mining companies.
Section 444.320 - Mining under public highways and railroads prohibited.
Section 444.330 - Penalty for violation of section 444.320.
Section 444.350 - Citation of law.
Section 444.352 - Definitions.
Section 444.355 - Director, powers.
Section 444.358 - Permit required, when.
Section 444.360 - Application for permit, contents.
Section 444.362 - Closure plan, purposes, contents, review of.
Section 444.365 - Inspection — maintenance plan, purposes, contents, review of.
Section 444.372 - Permits, final approval by director — denial of permit, procedures.
Section 444.377 - Hearings, procedures.
Section 444.380 - Rules, authority, promulgation, procedure.
Section 444.410 - Members, interstate mining commission — appointment — compensation.
Section 444.500 - Citation of law.
Section 444.510 - Definitions.
Section 444.530 - Powers of commission — rules, procedure.
Section 444.540 - Annual strip mining permit required, fee, renewal.
Section 444.550 - Application for permit, contents.
Section 444.560 - Reclamation plan required, contents.
Section 444.570 - Bond, amount — commission may waive.
Section 444.580 - Annual permit, how amended.
Section 444.590 - Successor operator, assumption of liability — first operator released, when.
Section 444.600 - Permit — investigation, decision, hearing, court review — appeals.
Section 444.610 - Reclamation and care requirements.
Section 444.620 - Time limits on reclamation practices.
Section 444.630 - Report, when required, contents.
Section 444.640 - Commission to investigate all reports — release from bond, when.
Section 444.650 - Application for release from bond — objection, effect of — appeal.
Section 444.660 - Additional time, granted when.
Section 444.670 - Commission may inspect and search — warrant, where obtained.
Section 444.680 - Injunction, when — violation, procedure — hearing.
Section 444.690 - Testimony at hearing, how recorded — available, when.
Section 444.700 - Judicial review, when — additional evidence authorized.
Section 444.710 - Injunction and forfeiture of bond, when — attorney general to act.
Section 444.720 - Rules and regulations, when effective — notice, hearing — variances authorized.
Section 444.730 - Mined land reclamation fund created — purpose.
Section 444.740 - Commission authorized to receive funds and services.
Section 444.750 - Recreational use of reclaimed lands encouraged.
Section 444.755 - Repeal of existing law not intended.
Section 444.760 - Short title.
Section 444.762 - Declaration of policy.
Section 444.765 - Definitions.
Section 444.766 - Exceptions to land reclamation act provisions.
Section 444.767 - Powers of commission — rules, procedure, review.
Section 444.770 - Permit required, when — release of certain bonds — complaints, requirements.
Section 444.771 - Limitation on permits near an accredited school.
Section 444.774 - Reclamation requirements and conditions.
Section 444.775 - Release of bond, conditions — petition, hearing — administrative review.
Section 444.777 - Entry upon lands and inspection by commission members — warrants to issue.
Section 444.778 - Bond — form — amount — duration — forfeiture — power of reclamation.
Section 444.786 - Operation without permit prohibited, penalty.
Section 444.788 - Civil action.
Section 444.789 - Administrative procedure — inapplicability to public meetings.
Section 444.805 - Definitions.
Section 444.810 - Powers of commission — abandoned mine reclamation fund created, purpose.
Section 444.825 - Reclamation plan contents — confidential items.
Section 444.870 - Penalties, administrative and criminal, procedure.
Section 444.875 - Release of all or part of performance bond, procedure — objections may be filed.
Section 444.885 - Cessation orders — suspension or revocation of permits — injunctive relief.
Section 444.900 - Judicial review.
Section 444.905 - Severability — rights retained — replacement of water — explosives regulations.
Section 444.915 - Abandoned mine reclamation fund — deposits and expenditures.
Section 444.920 - Abandoned mine reclamation fund, commission's duties and powers.
Section 444.935 - Public health hazards — actions to abate, procedure.
Section 444.955 - Revegetation of mined land, responsibility transfer, approval required.
Section 444.960 - Fund, coal mine land reclamation, established, purpose, duties.
Section 444.970 - Penalty — delinquency or failure to comply with assessment or reclamation plan.