Section 30.101 - Power to acquireThe Secretary of Environmental Resources, on behalf of the Commonwealth, with the approval of the Governor, shall have the power to acquire, either amicably or by exercise of the power of eminent domain, land which has been affected by past mining practices, including refuse banks, and which, in its present state, is hazardous or otherwise detrimental to the health and safety of the citizens of the Commonwealth or land which is necessary to abate the adverse effects of past mining practices on other land and water resources in Pennsylvania, and for the restoration of which Federal funds have been made available and/or State funds have been appropriated: Provided, however, That the secretary has determined that the acquired property:
(a) will, after restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices, serve public recreation or historic purposes, conservation or reclamation purposes, provide open space benefits or serve other public purposes;(b) is necessary for the construction of permanent facilities to restore, reclaim, abate, control or prevent adverse effects of past mining practices, such as a mine drainage treatment plant or a relocated stream channel; or(c) is, in the case of coal refuse disposal sites including all coal refuse thereon, desirable as a source of materials for subsidence control or prevention, or for backfilling mine shafts or that public ownership is necessary to prevent a reoccurrence of the adverse effects of past mining practices.1965, July 19, P.L. 216, No. 117, § 1. Amended 1980, Dec. 12, P.L. 1171, No. 215, § 2, effective in 60 days.