HB 552 (BR 1295) - K. Hall, R. Nelson, H. Cornett, J. Stewart
AN ACT relating to mines and minerals.
Amend KRS 350.280 to delete the requirement that a violation must involve an order of cessation and immediate compliance or an order to abate and alleviate by the cabinet for the permittee or operator to obtain an easement of necessity; require the permittee or operator to provide the property owner or occupant with a statement that he or she will diligently pursue abatement of the violation; require that a property appraisal be conducted by an appraiser certified under KRS Chapter 324A; provide that the appraisal be based on damages that have resulted from the violation; require that the appraisal will be complete and submitted to the applicant within three days of abatement of the violation; require that the owner or occupant's appraisal be completed and provided to the permittee or operator within seven days of receipt of the permittee's or operator's appraisal; require the permittee or operator to promptly pay specified damages to the property owner or occupant if the permittee or operator's appraisal is accepted; provide that the permittee or operator's appraisal shall be deemed accepted if the owner or occupant does not accept or reject the appraisal within three days of receipt; delete the requirement for the permittee or operator to place funds for the appraisal with the circuit clerk for placement in an interest bearing account; provide a formula for determining damages to the property resulting from a violation; require that before the easement of necessity is recognized, the appraiser will pay the property owner or legal occupant one half of the amount of the appraisal or $250, whichever is greater, which shall be defined as the entry fee; provide that upon payment of the entry fee, the easement of necessity shall be recognized for purposes of abating the violation and the permittee or operator shall have the right to enter the property for purposes of abating the violation; provide that the procedures for making a pre-abatement appraisal shall apply to making a post-abatement appraisal except that the entry fee shall be deducted from any subsequent payment due to the post-abatement appraisal; require that the property owner or legal occupant shall be entitled to the post-abatement appraisal if the entry fee exceeds the appraisal value; delete provision of injunctive relief for damages.
Feb 18-introduced in House
Feb 19-to Natural Resources and Environment (H)
Feb 21-posted in committee