Section 1406.3 - Legislative findings; declaration of policyIt is hereby determined by the General Assembly of Pennsylvania and declared as a matter of legislative findings that:
(1) Present mine subsidence legislation and coal mining laws have failed to protect the public interest in Pennsylvania in preserving our land.(2) Damage from mine subsidence has seriously impeded land development of the Commonwealth.(3) Damage from mine subsidence has caused a very clear and present danger to the health, safety and welfare of the people of Pennsylvania.(4) Damage by subsidence erodes the tax base of the affected municipalities.(5) Coal and related industries and their continued operation are important to the economic welfare and growth of the Commonwealth.(6) In the past, owners of surface structures have not in many instances received adequate notice or knowledge regarding subsurface support, or lack thereof, for surface structures, and therefore the State must exercise its police powers for the protection of the structures covered herein.(7) In order to prevent the occurrence of such state of affairs in the future, the deed notice provisions relating to such subsurface support, or lack thereof to a person desiring to erect a surface structure after the effective date of this act, must be emphasized and strengthened and it is necessary to make available to those persons desiring to erect a surface structure procedures whereby adequate support of such structure can be acquired. The Pennsylvania General Assembly therefore declares it to be the policy of the Commonwealth of Pennsylvania that:
(1) The protection of surface structures and better land utilization are of utmost importance to Pennsylvania.(2) Damage to surface structures and the land supporting them caused by mine subsidence is against the public interest and may adversely affect the health, safety and welfare of our citizens.(3) The prevention or restoration of damage from mine subsidence is recognized as being related to the economic future and well-being of Pennsylvania.(4) The preservation within the Commonwealth of surface structures and the land supporting them is necessary for the safety and welfare of the people.(5) It is the intent of this act to harmonize the protection of surface structures and the land supporting them and the continued growth and development of the bituminous coal industry in the Commonwealth.(6) It is necessary to develop an adequate remedy for the restoration and replacement of water supplies affected by underground mining.(7) It is necessary to develop a remedy for the restoration or replacement of or compensation for surface structures damaged by underground mining.(8) It is necessary to provide a method whereby surface structures erected after the effective date of this act may be protected from damage arising from mine subsidence.1966, Sp.Sess. No. 1, April 27, P.L. 31, § 3. Amended 1980, Oct. 10, P.L. 874, No. 156, § 1, imd. effective; 1994, June 22, P.L. 357, No. 54, § 2, effective in 60 days.