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- Alaska Statutes.
- Title 27. Mining
- Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act
- Section 300. Acquisition of Abandoned Mine Areas.
previous: Section 290
. Entry Onto Abandoned Mine Area.
next: Section 310
. Liens On Abandoned Mine Areas.
AS 27.21.300. Acquisition of Abandoned Mine Areas.
- (a) The commissioner may, by purchase, donation, or condemnation in accordance with AS 09.55.240
- 09.55.460, acquire real property that has been
adversely affected by past surface coal mining practices if the commissioner determines that
- (1) acquisition of the real property is necessary to the successful reclamation of the real property and is in the public
- (2) the real property, after its restoration or reclamation or after the abatement, control, or prevention of the adverse
effects, will serve recreational, historic, conservation, or reclamation purposes or will provide open space benefits;
- (3) permanent facilities will be constructed on the real property for the restoration or reclamation of the real property
or for the abatement, control, or prevention of the adverse effects; or
- (4) if the real property includes a coal refuse disposal site, the acquisition of the coal refuse disposal site and the
coal refuse on the site will serve the purposes of this section; or
- (5) public ownership is desirable to meet emergency situations created by the adverse effects and to prevent recurrences
of the adverse effects.
- (b) Title to real property acquired under this section is in the state. If the commissioner acquires the real property by
purchase or condemnation, the commissioner shall pay the fair market value of the real property as adversely affected
by past coal mining practices.
- (c) If real property acquired under this section is suitable for industrial, commercial, residential, or recreational
development, the commissioner may sell the real property by competitive bidding, at not less than the fair market value
of the real property. The commissioner shall adopt regulations relating to the sale of real property under this
subsection that will ensure that the use of the real property is consistent with any state and local land use plans.
If money received by the commissioner from the federal government is involved in the acquisition of the real property,
the commissioner may sell the real property only if the sale is authorized by the Secretary of the United States
Department of the Interior. If a person requests it, the commissioner shall hold a hearing in the area in which the
real property is located to consider the use or disposition of the real property after its restoration or reclamation
or after the abatement, control, or prevention of adverse effects. The commissioner shall hold the hearing at a time
that will afford local residents and representatives of municipal government in the area the maximum opportunity to
participate in the hearing. The commissioner shall publish notice of the hearing in a newspaper of general circulation
in the area in which the real property is located at least 10 days before holding the hearing.
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