{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-740.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-740.5","heading":"Property adversely affected by past coal mining","body":"practices - Entry - Acquisition - Title - Disposition.\n\nA. If the Commission makes a finding of fact that:\n\nLand or water resources have been adversely affected by past\n\ncoal mining practices; and the adverse effects are at a stage where,\n\nin the public interest, action to restore, reclaim, abate, control\n\nor prevent the adverse effects of past coal mining practices should\n\nbe taken; and the owners of the land or water resources where entry\n\nmust be made to restore, reclaim, abate, control or prevent the\n\nadverse effects of past coal mining practices are not known, or\n\nreadily available; or the owners will not give permission for the\n\nstate or any political subdivision to enter on the property to\n\nrestore, reclaim, abate, control or prevent the adverse effects of\n\npast coal mining practices; then, on giving notice by mail to the\n\nowners of record, if known, or, if not known, by posting notice on\n\nthe premises and advertising once in a newspaper of general\n\ncirculation in the county in which the land lies, the Commission is\n\nentitled to enter on the property adversely affected by the past\n\ncoal mining practices and any other necessary access property to do\n\nall things necessary or expedient to restore, reclaim, abate,\n\ncontrol or prevent the adverse effects. This entry shall not be\n\nconstrued as an act of condemnation of property nor of trespass. The\n\nmonies expended for that work and the benefits accruing to those\n\npremises entered on shall be chargeable against the land and shall\n\nmitigate or offset any claim or action brought by any owner of any\n\ninterest in the premises for damages by virtue of such entry;\n\nprovided, this provision is not intended to create new rights of\n\naction or eliminate existing immunities.\n\nB. The Commission is entitled to enter on any property for the\n\npurposes of conducting studies or exploratory work to determine the\n\nexistence of adverse effects of past coal mining practices and to\n\ndetermine the feasibility of restoration, reclamation, abatement,\n\ncontrol or prevention of those adverse effects. Such entry shall\n\nnot be construed as an act of condemnation of property nor of\n\ntrespass.\n\nC. The state may acquire any land, where it is to the public\n\ninterest, by purchase, donation or condemnation, that is adversely\n\naffected by past coal mining practices if the Commission determines\n\nthat acquisition of the land is necessary to successful reclamation\n\nand that:\n\n1. The acquired land, after restoration, reclamation,\n\nabatement, control or prevention of the adverse effects of past coal\n\nmining practices, will serve recreation and historic purposes,\n\nconservation and reclamation purposes, or provide open space\n\nbenefits; and\n\n2. Permanent facilities, such as a treatment plant or a\n\nrelocated stream channel, will be constructed on the land for the\n\nrestoration, reclamation, abatement, control or prevention of the\n\nadverse effects of past coal mining practices; or\n\n3. Acquisition of coal refuse disposal sites and all coal\n\nrefuse on those sites will serve the purposes of this section or\n\nthat public ownership is desirable to meet emergency situations and\n\nprevent recurrences of the adverse effects of past coal mining\n\npractices.\n\nD. Title to all land acquired pursuant to this section shall be\n\nin the name of the state.\n\nE. Where land acquired pursuant to this section is deemed to be\n\nsuitable for industrial, commercial, residential or recreational\n\ndevelopment, the state may sell the land by public sale under a\n\nsystem of competitive bidding, at not less than fair market value\n\nand under such rules as are promulgated to insure that the land is\n\nput to proper use consistent with local plans, if any, as determined\n\nby the Commission. Where federal funds are involved in the\n\nacquisition of the land to be sold, the land may be sold only when\n\nauthorized by the Secretary of the United States Department of the\nsystem of competitive bidding, at not less than fair market value\n\nand under such rules as are promulgated to insure that the land is\n\nput to proper use consistent with local plans, if any, as determined\n\nby the Commission. Where federal funds are involved in the\n\nacquisition of the land to be sold, the land may be sold only when\n\nauthorized by the Secretary of the United States Department of the\n\nInterior. The Commission, after appropriate public notice, shall\n\nhold a public hearing in the county or counties of the state in\n\nwhich land acquired pursuant to this section is located. The\n\nhearings shall be held at a time that shall afford local citizens\n\nand governments the maximum opportunity to participate in the\n\ndecision concerning the use or disposition of the land after\n\nrestoration, reclamation, abatement, control or prevention of the\n\nadverse effects of past coal mining practices.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8a7d30ebeb41d1c3d5148f74f57b674a85457d9813e1427ca42737d57e0d6e52","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-740.4","next":"us-ok/okla.-stat.-tit.-45-45-740.6"},"notice":"GroundRules: Original legal text. Not legal advice."}