N.D. Cent. Code § 38-14.2-09

Current through the 2023 Legislative Sessions

Section 38-14.2-09 - Affected lands - Right of entry

If the commission makes a finding of fact that:

1. Land or water resources have been adversely affected by past coal mining or noncoal 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 or noncoal mining practices are not known or readily available; or

4. The owner will not give permission for the commission, its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining or noncoal 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 the official newspaper of each county and in other daily newspapers of general circulation in each county wherein the land lies, the commission, its agents, employees, or contractors has the right to enter upon the property adversely affected by past coal mining or noncoal 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 must be construed as an exercise of the police power for the protection of public health, safety, and general welfare and may 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 are chargeable against such land to the extent allowed in section 38-14.2-14 and 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 claims for relief or eliminate existing immunities.

N.D.C.C. § 38-14.2-09