{"data":{"id":"us-ky/krs-350.152","jurisdiction":"us-ky","citation":"KRS 350.152","heading":"Acquisition of land by Commonwealth for reclamation purposes.","body":"(1) The Commonwealth, acting by and through its Energy and Environment Cabinet,\nshall have the power to acquire, either by negotiation or by exercise of the power of\neminent domain, land which has been affected or disturbed by strip or auger mining,\nor by othe r surface coal mining operations which consists of orphan banks or\nunreclaimed spoil piles.\n(2) Prior to acquiring any land pursuant to KRS 350.152 to 350.163 and KRS 350.240,\nthe Energy and Environment Cabinet shall extend to the owners thereof an\nopportunity to backfill, grade, plant, and do other acts of restoration thereon to the\nsame extent and within the same time limits as prescribed by this chapter and\nregulations adopted pursuant thereto. If the owner or owners agree in writing to\nperform such rest oration and, weather permitting, start such restoration within a\nperiod of thirty (30) days, the land shall not be acquired by the Commonwealth.\n(3) The Energy and Environment Cabinet shall attempt to purchase any land which it\nhas determined should be acq uired for the purpose of restoration and which the\nowners have not agreed to restore as provided in subsection (2) above. In any case\nwhere the cabinet and the owners of the land are unable to agree upon the amount to\nbe paid for the land, the cabinet may exercise the power of eminent domain against\nsuch land by filing a condemnation suit under the procedure of the Eminent Domain\nAct of Kentucky.\n(4) The purchase price, in the case of a negotiated acquisition, or the damages as finally\ndetermined, in the case of acquisition by condemnation, and the necessary expenses\nincidental thereto, shall be paid from appropriations made by the General Assembly\nfor such purposes and appropriations to which federal funds made available for such\npurposes have been credited.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32811","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"cc756a9fc2d0071133a3407b01bca6f1f2c48ca4c87c067c88ad061dc321e33f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.151","next":"us-ky/krs-350.154"},"notice":"GroundRules: Original legal text. Not legal advice."}