Section 38-14.2-10 - Land acquisitionThe commission may acquire any land, by purchase, donation, or condemnation, pursuant to the procedures of chapter 32-15, and other laws governing eminent domain, which is adversely affected by past coal mining or noncoal mining practices if the commission determines in accordance with the rules of practice and procedure established by the commission that acquisition of such land is necessary for successful reclamation and that:
1. The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining or noncoal mining practices, will serve recreation, historic, conservation, and reclamation purposes or provide open space benefits; and2. Permanent facilities such as a mine drainage 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 or noncoal mining practices; or3. Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this chapter or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining or noncoal mining practices.