A. The director is authorized to expend money from the fund for the emergency restoration, reclamation, abatement, control or prevention of adverse effects of mining practices on eligible lands if the director makes a finding of fact that:

(1) the land upon which the emergency is situated is eligible land;

(2) an emergency exists that is an imminent danger to the public health, safety or general welfare;

(3) no other person or agency will act expeditiously to restore, reclaim, abate, control or prevent the adverse effects of mining practices; and

(4) sufficient funds are available to abate the emergency.

B. The director, his agents, employees and contractors shall have the right to enter upon any land where an emergency exists and any other land providing access to the land where the emergency exists to restore, reclaim, abate, control or prevent the adverse effects of mining practices and to do all things necessary or expedient to protect the public health, safety or general welfare. Such entry shall be an exercise of state police power and shall not be construed as an act of condemnation or trespass of property.

C. The money expended for work to abate an emergency shall be chargeable through the lien procedure provided in the Abandoned Mine Reclamation Act against the land upon which the emergency was abated.

D. The money charged against the land shall mitigate or offset any claim in any action brought by any owner claiming any interest in the property for any damage alleged to result from emergency entry under this section. This provision does not create any new right of action or eliminate any existing state immunity.

History: 1978 Comp., § 69-25B-12, enacted by Laws 1985, ch. 42, § 2; 1992, ch. 18, § 8.

The 1992 amendment, effective May 20, 1992, deleted "coal" preceding "mining practices" in three places.