{"data":{"id":"us-ky/krs-350.585","jurisdiction":"us-ky","citation":"KRS 350.585","heading":"Emergency restoration and reclamation.","body":"(1) The cabinet is authorized to expend moneys from the fund for the emergency\nrestoration, reclamation, abatement, control, or prevention of adverse effects of coal\nmining practices, on eligible lands, if the cabinet makes finding of fact that:\n(a) An emergen cy exists constituting a danger to the public health, safety, or\ngeneral welfare; and\n(b) No other person or agency will act expeditiously to restore, reclaim, abate,\ncontrol, or prevent the adverse effects of coal mining practices.\n(2) The cabinet, its agents, employees, and contractors shall have the right to enter upon\nany land where the emergency exists and any other land to have access to the land\nwhere the emergency exists to restore, reclaim, abate, control, or prevent the\nadverse effects of coal min ing practices and to do all things necessary or expedient\nto protect the public health, safety, or general welfare. Such entry shall be construed\nas an exercise of the police power and shall not be construed as an act of\ncondemnation of property nor of tre spass thereof. The moneys expended for such\nwork and the benefits accruing to any such premises so entered upon shall be\nchargeable against such land and shall mitigate or offset any claim in or any action\nbrought by any owner of any interest in such premi ses for any alleged damages by\nvirtue of such entry. Provided, however, that this provision is not intended to create\nnew rights of action or eliminate existing immunities.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32867","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"49d7bd54134f30a9d6d59ebd02667306416a5bc9071af82459f115c595b98753","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.580","next":"us-ky/krs-350.590"},"notice":"GroundRules: Original legal text. Not legal advice."}