La. Admin. Code tit. 43 § XV-9105

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-9105 - Procedures for Acquisition

A. An appraisal of all land or interest in land to be acquired shall be obtained by the office. The appraisal shall state the fair market value of the land as adversely affected by past mining and shall otherwise conform to the requirements of the handbook on Uniform Appraisal Standards for Federal Land Acquisition (Interagency Land Acquisition Conference, 1973).

B. When practical, acquisition shall be by purchase from a willing seller. The amount paid for interests acquired shall reflect the fair market value of the interests as adversely affected by past mining.

C. When necessary, land or interest in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.

D. The office shall comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, U.S.C. 4601, et seq., and 41 CFR Parts 114-50.

La. Admin. Code tit. 43, § XV-9105

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:26 (January 1986).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:905.1-905.5.