KRS 350.152: Acquisition of land by Commonwealth for reclamation purposes.

(1) The Commonwealth, acting by and through its Energy and Environment Cabinet,

shall have the power to acquire, either by negotiation or by exercise of the power of

eminent domain, land which has been affected or disturbed by strip or auger mining,

or by othe r surface coal mining operations which consists of orphan banks or

unreclaimed spoil piles.

(2) Prior to acquiring any land pursuant to KRS 350.152 to 350.163 and KRS 350.240,

the Energy and Environment Cabinet shall extend to the owners thereof an

opportunity to backfill, grade, plant, and do other acts of restoration thereon to the

same extent and within the same time limits as prescribed by this chapter and

regulations adopted pursuant thereto. If the owner or owners agree in writing to

perform such rest oration and, weather permitting, start such restoration within a

period of thirty (30) days, the land shall not be acquired by the Commonwealth.

(3) The Energy and Environment Cabinet shall attempt to purchase any land which it

has determined should be acq uired for the purpose of restoration and which the

owners have not agreed to restore as provided in subsection (2) above. In any case

where the cabinet and the owners of the land are unable to agree upon the amount to

be paid for the land, the cabinet may exercise the power of eminent domain against

such land by filing a condemnation suit under the procedure of the Eminent Domain

Act of Kentucky.

(4) The purchase price, in the case of a negotiated acquisition, or the damages as finally

determined, in the case of acquisition by condemnation, and the necessary expenses

incidental thereto, shall be paid from appropriations made by the General Assembly

for such purposes and appropriations to which federal funds made available for such

purposes have been credited.