CHAPTER 2. ACQUISITION OF LAND FOR RECLAMATION

IC 14-36-2
    Chapter 2. Acquisition of Land for Reclamation

IC 14-36-2-1
Inapplicability of chapter
    Sec. 1. Notwithstanding any other provision of this chapter, thischapter does not apply to coal mining operations if IC 14-34 isapplicable to those operations under IC 14-34-1-4(a) orIC 14-34-1-4(b).
As added by P.L.1-1995, SEC.29.

IC 14-36-2-2
"Land" defined
    Sec. 2. As used in this chapter, "land" means ground, soil, or solidmaterials of the earth:
        (1) disturbed by mining and not reclaimed under:
            (A) IC 14-34 or IC 13-4.1 (before its repeal); or
            (B) IC 14-36-1 or IC 13-4-6 (before its repeal);
        whether or not subject to IC 14-34 or IC 14-36-1 due toeffective dates; and
        (2) in violation of:
            (A) air pollution control laws (as defined in IC 13-11-2-6);
            (B) water pollution control laws (as defined inIC 13-11-2-261);
            (C) environmental management laws (as defined inIC 13-11-2-71);
            (D) IC 13-7, IC 13-1-3, or IC 13-1-1 (before their repeal); or
            (E) applicable rules.
As added by P.L.1-1995, SEC.29. Amended by P.L.1-1996, SEC.69.

IC 14-36-2-3
"Mining" defined
    Sec. 3. As used in this chapter, "mining" means the following:
        (1) Surface mining.
        (2) Surface coal mining operations.
        (3) Underground mining.
As added by P.L.1-1995, SEC.29.

IC 14-36-2-4
"Reclamation" defined
    Sec. 4. As used in this chapter, "reclamation" means rehabilitationunder IC 14-36-1.
As added by P.L.1-1995, SEC.29.

IC 14-36-2-5
"Restore" or "restoration" defined
    Sec. 5. As used in this chapter, "restore" or "restoration" meansrehabilitation under IC 14-36-1.
As added by P.L.1-1995, SEC.29.
IC 14-36-2-6
Methods for acquisition of land
    Sec. 6. The department may acquire land by:
        (1) negotiation; or
        (2) exercise of the power of eminent domain under IC 32-24-1.
As added by P.L.1-1995, SEC.29. Amended by P.L.2-2002, SEC.65.

IC 14-36-2-7
Opportunity for owner to restore land
    Sec. 7. Before acquiring land the department shall extend to theowner of the land a reasonable opportunity to restore the land. If theowner:
        (1) agrees in writing to perform the restoration; and
        (2) starts the restoration within ninety (90) days;
the land may not be acquired unless, in the opinion of thedepartment, there is not a satisfactory effort to complete restoration.
As added by P.L.1-1995, SEC.29.

IC 14-36-2-8
Price for land
    Sec. 8. The determination of the negotiated price or condemnationprice is subject to the following:
        (1) Anticipated costs of reclamation.
        (2) Cost of abating pollution conditions.
As added by P.L.1-1995, SEC.29.

IC 14-36-2-9
Payment of purchase price, damages, and incidental expenses
    Sec. 9. The:
        (1) purchase price, for a negotiated acquisition; or
        (2) damages as finally determined, for acquisition bycondemnation;
and the necessary incidental expenses shall be paid fromappropriations made by the general assembly or from federal moneymade available for these purposes.
As added by P.L.1-1995, SEC.29.

IC 14-36-2-10
Acts of restoration performed or contracted for
    Sec. 10. The director may:
        (1) grade, plant, and perform other acts of restoration andreclamation; or
        (2) contract for the performance of restoration or reclamationwork;
to the extent and subject to the conditions that state or federal moneyis appropriated and available.
As added by P.L.1-1995, SEC.29.

IC 14-36-2-11
Transfer of jurisdiction of land to state agency    Sec. 11. After restoration of the acquired land, the departmentmay, with the approval of the governor, transfer jurisdiction of theland or a part of the land to a state agency that can best utilize theland for public purposes.
As added by P.L.1-1995, SEC.29.

IC 14-36-2-12
Sale of land
    Sec. 12. (a) If the retention of the land by the department or otherstate agencies is determined to be impractical, the department may,with the approval of the governor, sell the land:
        (1) to political subdivisions of the state at the cost of acquisitionand restoration; or
        (2) by public sale to the highest bidder for not less than fairmarket value for reclaimed land as determined by two (2)private appraisers appointed by the department.
    (b) The proceeds of a sale may, upon approval of the department,be used and expended to reclaim and rehabilitate land.
As added by P.L.1-1995, SEC.29.