Section 30.203 - Findings; notice; action; restoration; charges against land; indemnification Whenever the Secretary of Mines and Mineral Industries makes a finding of fact that:
(1) A mine fire, refuse bank fire or subsidence resulting from mining is at a stage where immediate action must be taken; and(2) An emergency exists and no other person or agency will act to combat the condition; and(3) The owners of the property upon which entry must be made to combat the mine fire, refuse bank fire or subsidence resulting from mining are not known, are not readily available or will not give permission for the Secretary of Mines and Mineral Industries, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors to enter upon such premises, or the delay entailed in reaching said owners and in securing from them the right to enter upon the premises constitutes a clear and immediate danger to the life or property of others, then, upon giving notice to the owners if known or by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the Secretary of Mines and Mineral Industries, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors, shall have the right to enter upon the premises to combat the mine fire, refuse bank fire or subsidence resulting from mining and to take all action necessary or expedient to do so. As soon as practicable thereafter, the Department of Mines and Mineral Industries, the political subdivisions of the Commonwealth or municipalities, so entering the premises and acting as above provided shall restore the premises so entered upon to the condition at the time of such entry to the extent that this may be reasonably practical. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be charged against such land to mitigate or offset any claim or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry. The Secretary of Mines and Mineral Industries, political subdivisions of the Commonwealth or municipalities are hereby authorized to execute in favor of any agency of the Federal government and political subdivisions of the Commonwealth or municipalities are hereby authorized to execute in favor of any agency of the Commonwealth in any project so involving mine fires, refuse bank fires or subsidence resulting from mining agreements to hold such agencies harmless and to indemnify them from any claim which might arise for failure to acquire necessary releases from property owners or because of any failure to comply with any applicable statute.
1968, April 3, P.L. 92, No. 42, § 3.