02RS HB809


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HB 809 (BR 1894) - P. Childers, Jo. Turner

     AN ACT relating to access for the abatement of a surface mining violation.
     Amend KRS 350.280 to provide that, in cases where a surface mining permittee or operator has been issued a notice or order directing abatement of a violation on the basis of imminent danger to health and safety of the public or significant environmental harm, and the notice or order requires access to property for which the permittee or operator does not have the legal right of entry necessary in order to abate the violation and he or she has been denied access, and an easement of necessity is recognized on behalf of the permittee or operator, and the violation involves an emergency, the permittee is authorized to enter the property to undertake immediate action to abate the violation if he or she concurrently satisfied certain requirements; in an nonemergency situation, allow the permittee to have an appraiser on the property to conduct an appraisal and after completing certain requirements to enter the land to abate the violation; in both cases, require the permittee to have an appraisal of the damages that have occurred as a result of the violation and those that are likely to occur to the property if the permittee or operator is allowed to enter the property in order to abate the violation, and to pay this amount to the property owner; allow the property owner to have an appraisal done and if the property owner's appraisal is for more than the permittee's' require the permittee to pay the difference to the circuit clerk until final resolution of the matter; EMERGENCY.


     HCA (1, J. Turner) - Replace "leaseholder" with "legal occupant" throughout the bill.

     HFA (1, J. Turner) - Define "he or she" to include "person" as defined in KRS 350.010.

     SCA (1, E. Harris) - State that the appraisal of damages will cover damages to the property that will result from the violation as abated.

     SCA (2/Title, E. Harris) - Make title amendment

     Feb 28-introduced in House
     Mar 1-to Natural Resources and Environment (H)
     Mar 4-posting waived
     Mar 5-reported favorably, 1st reading, to Calendar with committee amendment (1) ; floor amendment (1) filed
     Mar 6-2nd reading, to Rules
     Mar 11-posted for passage in the Regular Orders of the Day for Tuesday, March 12, 2002
     Mar 12-3rd reading, passed 95-0 with committee amendment (1), floor amendment (1)
     Mar 13-received in Senate
     Mar 18-to Agriculture and Natural Resources (S)
     Mar 21-reported favorably, 1st reading, to Calendar with committee amendments (1) and (2-title)
     Mar 22-2nd reading, to Rules
     Mar 27-posted for passage in the Regular Orders of the Day for Wednesday, March 27, 2002; 3rd reading, passed 35-0 with committee amendments (1) and (2-title)
     Mar 28-received in House; posted for passage for concurrence in Senate committee amendments (1) and (2-title)
     Apr 1-House concurred in Senate committee amendments (1) and (2-title) ; passed 91-1
     Apr 2-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 9-signed by Governor (Acts ch. 284)

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