act-1965-0-117•Pennsylvania Act 1965-117 — OPEN PIT OR STRIP MINES - ACQUISITION AND RECLAMATION
Pennsylvania Act 1965-117 — OPEN PIT OR STRIP MINES - ACQUISITION AND RECLAMATION
act-1965-0-1171965 Pa. Act 117Law
Act text
OPEN PIT OR STRIP MINES - ACQUISITION AND RECLAMATION
Act of Jul. 19, 1965, P.L. 216, No. 117 Cl. 52
AN ACT
Authorizing the Secretary of Environmental Resources to acquire,
either amicably or by condemnation, certain lands affected by
open pit or strip mines; authorizing the reclamation of such
lands, and providing for the use or disposal thereof. (Title
amended Dec. 12, 1980, P.L.1171, No.215)
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The 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.
(1 amended Dec. 12, 1980, P.L.1171, No.215)
Section 2. Prior to acquiring any land affected by
unreclaimed surface mines, the Secretary of Environmental
Resources shall extend to the owners thereof an opportunity to
backfill, plant and do other acts of restoration thereon to the
same extent and within the same time limits as prescribed by the
act of May 31, 1945 (P.L.1198, No.418), known as the "Surface
Mining Conservation and Reclamation Act," and if the owners
agree to do so and, weather permitting, start such restoration
within a period of thirty days, the land shall not be acquired
by the Commonwealth.
(2 amended Dec. 12, 1980, P.L.1171, No.215)
Section 3. The Secretary of Environmental Resources shall,
if possible, amicably purchase land which he has determined
should be acquired for the purpose of this act. In any case
where the Secretary of Environmental Resources and the owners of
the land are unable to agree upon the amount to be paid
therefor, the Secretary of Environmental Resources may exercise
the power of eminent domain against such land by filing in the
court of common pleas of the county in which the land is located
a declaration of taking in the form and manner prescribed by the
act of June 22, 1964 (P.L.84, No.6), known as the "Eminent
Domain Code." All proceedings in such condemnation shall be
pursuant to and in compliance with the said "Eminent Domain
Code." In all cases the land shall be valued in its current
condition as adversely affected by past mining practices.
(3 amended Dec. 12, 1980, P.L.1171, No.215)
Section 4. The purchase price, in the case of an amicable
acquisition, or the damages as finally determined, in the case
of acquisition by condemnation, and the necessary expenses
incidental thereto, shall be paid from the appropriations made
by the General Assembly under this act, or under section
16(a)(1) of the act of January 19, 1968 (1967 P.L.996, No.443),
known as "The Land and Water Conservation and Reclamation Act,"
which are hereby authorized to be used for the purposes of this
act, and/or the appropriations to which Federal funds made
available for such purposes have been credited.
(4 amended Dec. 12, 1980, P.L.1171, No.215)
Section 5. The Secretary of Environmental Resources shall
have the power to backfill, plant and perform other acts of
restoration on any lands so acquired to the extent and subject
to such conditions as State and/or Federal funds are
appropriated and available therefor.
(5 amended Dec. 12, 1980, P.L.1171, No.215)
Section 6. After restoration the Secretary of Environmental
Resources may retain ownership of such land or, with the
approval of the Governor, transfer jurisdiction of such land, or
any portion thereof, to the Pennsylvania Game Commission, the
Pennsylvania Fish Commission, or such other State department or
State agency as can best utilize such land for public purposes.
(6 amended Dec. 12, 1980, P.L.1171, No.215)
Compiler's Note: The Secretary of Environmental Resources,
referred to in this section, was abolished by Act 18 of
1995. His functions were transferred to the Secretary of
Conservation and Natural Resources and the Secretary of
Environmental Protection.
Compiler's Note: The name of the Pennsylvania Fish
Commission, referred to in this section, was changed to
the Pennsylvania Fish and Boat Commission by Act 39 of
1991. See 30 Pa.C.S. § 308 (relating to designation of
commission).
Section 7. (a) The Secretary of Environmental Resources
may, with the approval of the Governor, sell such land at public
sale to the highest bidder but for a price not less than the
current market value. Such land shall be sold subject to the
condition that no open pit or strip mining shall be carried on
thereon at any time thereafter. The proceeds of any such sale
shall be credited to the appropriation from which the purchase
price or damages were originally paid or the then current
appropriation for similar purposes.
(b) The Secretary of Environmental Resources may, with the
approval of the Governor, transfer title to such land to the
municipality or the county in which it is located upon the
condition that the land shall only be used for public purposes.
(7 amended Dec. 12, 1980, P.L.1171, No.215)
Section 8. No land, with respect to which a bond conditioned
upon the restoration thereof is in effect, shall be acquired
pursuant to the provisions of this act, nor shall this act be
construed to relieve any person from any obligation to backfill,
plant or perform other restoration required by law.
Section 9. There is hereby appropriated to the Department of
Environmental Resources the sum of one million dollars
($1,000,000) to be established as a separate fund for the
purposes herein provided, which fund shall be called the "Coal
Lands Improvement Fund," into which moneys received from sale of
lands as set forth hereinbefore shall accumulate as a revolving
fund. An amount not to exceed ten percent of this appropriation
and an amount not to exceed ten percent of the moneys received
from the sale of lands may be used for administrative purposes.
(9 amended Dec. 12, 1980, P.L.1171, No.215)
Compiler's Note: The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of
1995. Its functions were transferred to the Department of
Conservation and Natural Resources and the Department of
Environmental Protection.
Section 10. This act shall take effect immediately.
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