La. Admin. Code tit. 43 § XV-2309

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-2309 - Right of Entry and Operation Information

A. Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

B. Where the private mineral estate has been severed from the private surface estate, where such severance is authorized under Louisiana law, the application shall also provide for lands within the permit area:

1. a copy of the written consent of the surface owner to the extraction of coal by surface mining methods; or

2. a copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or

3. if the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that, under the applicable state law, the applicant has the legal authority to extract the coal by these methods.

C. Nothing in this Section shall be construed to afford the office the authority to adjudicate property title disputes.

La. Admin. Code tit. 43, § XV-2309

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.