Section 69-05.3-01-09 - Entry for emergency reclamation1. The commission, its agents, employees, or contractors shall have the right to enter upon any land where an emergency exists and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining or noncoal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. a. An emergency exists constituting a danger to the public health, safety, or general welfare. b. Emergency restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining or noncoal mining is necessary. c. No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining or noncoal mining practices. 3. Notice to the owner shall not be required prior to entry for emergency reclamation. a. The commission shall make reasonable efforts to notify such owner and obtain consent prior to entry consistent with the emergency conditions that exist. b. Written notice shall be given to the owner as soon after entry as practical. c. The notice shall be mailed to the owner, if known, and shall include a copy of the findings required by this section. d. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted on the property entered in one or more places where it is readily visible to the public and advertised once in the official newspaper of each county and in other daily newspapers of general circulation in each county wherein the land lies. e. The notice posted on the property and advertised in the newspapers shall include a statement that an emergency existed and where the findings required by this section may be inspected or obtained. 4. The moneys expended for such work, and the benefits accruing to any such premises so entered, shall be chargeable against such land to the extent allowed in North Dakota Century Code section 38-14.2-14 and shall mitigate or offset any claim in, or any action brought by any owner of any interest in such premises for any alleged damages as a result of the entry, provided however, that this provision is not intended to create new rights of action or to eliminate existing immunities. 5. The reclamation work performed under this section shall be limited to that which is necessary to eliminate the existing emergency conditions. N.D. Admin Code 69-05.3-01-09
Effective January 1, 1980.General Authority: NDCC 38-14.2-03
Law Implemented: NDCC 38-14.2-08, 38-14.2-09