Section 0400-44-01-.07 - RIGHTS OF ENTRY(1) Entry for Studies or Exploration The State or its agents, employees, or contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of the adverse effects of past mining and the feasibility of projects for restoration, reclamation, abatement, control or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety and general welfare, and shall not be construed as an act of condemnation of property nor trespass thereon.
(2) Entry for Reclamation When the State's project assessment includes a finding that lands or waters have been adversely affected by past coal mining practices and the effects constitute a danger to public health, safety or general welfare, the State may elect to proceed with reclamation. The State shall then attempt to obtain a voluntary lien or non-lien consent, as applicable, from the affected landowners.
(a) The State of Tennessee, its agents, employees, or contractors may enter upon land to perform reclamation activities, if the consent of the owner cannot be obtained or the owners of the land are not readily available, and the following requirements are met: 1. Land or water resources have been adversely affected by past coal mining practices; and2. The adverse effects are such that it would be in the public interest to take action to restore, reclaim, abate, control, or prevent such adverse affects.(b) The State shall give notice of its intent to enter for purposes of conducting reclamation at least 30 days before entering upon the property as follows:1. Notice shall be in writing and shall be mailed, return receipt requested to the owner, if known, with a copy of the Finding of Fact.2. If the owner is unknown, or if the current mailing address is unknown, notice shall be posted in one or more places on the property and advertised once in a local newspaper.3. The posted notice and newspaper advertisement shall include a statement specifying where the Findings of Fact may be inspected or obtained.Tenn. Comp. R. & Regs. 0400-44-01-.07
Original rule filed April 9, 2013; effective July 8, 2013. Rule renumbered from0400-01-24.Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.