§905.3. Implementation of the plan
A.(1) If the secretary, after notice and hearing, makes a finding of fact that:
(a) Land or water resources have been adversely affected by past solid mineral
development practices;
(b) The adverse effects are at a stage where, in the public interest, action to restore,
reclaim, abate, control, or prevent should be taken;
(c) The owners of the land or water resources where entry must be made to restore,
reclaim, abate, control, or prevent the adverse effects of past solid mineral development
practices are not known or readily available, or the owners will not give permission for the
state or its political subdivisions, their agents, employees, or contractors to enter upon the
property to restore, reclaim, abate, control, or prevent the adverse effects of past solid
mineral development practices.
(2) Then, upon giving notice by mail to the owners, if known, or if not known, by
posting notice upon the premises and advertising once in a newspaper of general circulation,
designated as the official journal by the governing authority, in the parish in which the land
lies, the agents, employees, or contractors of the office shall have the right to enter the
property adversely affected by past solid mineral development practices and any other
property to have access to that property to do all things necessary or expedient to restore,
reclaim, abate, control, or prevent the adverse effects. This entry shall be construed as an
exercise of the police power for the protection of public health, safety, and general welfare
and shall not be construed as an act of condemnation of property nor of trespass on it. The
monies expended for this work and the benefits accruing to the premises so entered upon
shall be chargeable against the land and shall mitigate or offset any claim in or any action
brought by any owner of any interest in these premises for any alleged damages by virtue of
the entry, but this provision is not intended to create new rights of action or eliminate
existing immunities.
B. The agents, employees, or contractors of the department shall have the right to
enter upon any property for the purpose of conducting studies or exploratory work to
determine the existence of adverse effects of past solid mineral development practices and
to determine the feasibility of restoration, reclamation, abatement, control, or prevention of
these adverse effects. This entry shall be construed as an exercise of the police power for the
protection of public health, safety, and general welfare and shall not be construed as an act
of condemnation of property nor trespass on it.
C. The state may acquire any land by purchase, donation, or condemnation which is
adversely affected by past solid mineral development practices if the secretary, after notice
and hearing, determines that acquisition of this land is necessary to successful reclamation
and that:
(1) The acquired land, after restoration, reclamation, abatement, control, or
prevention of the adverse effects of past solid mineral development practices, will serve
recreation and historic purposes, conservation and reclamation purposes, or provide open
space benefits; and
(2) Permanent facilities such as a treatment plant or a relocated stream channel will
be constructed on the land for the restoration, reclamation, abatement, control, or prevention
of the adverse effects of past solid mineral development practices; or
(3) Acquisitions of mineral refuse disposal sites and all mineral refuse on same will
serve the purposes of this Chapter or that public ownership is desirable to meet emergency
situations and prevent recurrences of the adverse effects of past solid mineral development
practices.
D. Title to all lands acquired under this Section shall be in the name of the state. The
price paid for land acquired under this Section shall reflect the market value of the land as
adversely affected by past solid mineral development practices.
E.(1) Where land acquired under this Section is deemed to be suitable for industrial,
commercial, residential, or recreational development the secretary may sell this land by
public sale under a system of competitive bidding, at not less than fair market value, and
under such other regulations promulgated to insure that the land is put to proper use
consistent with local and state land use plans.
(2) The state, when requested after appropriate public notice, shall hold a public
hearing with the appropriate notice, in the parish or parishes or the appropriate political
subdivisions of the state in which lands acquired under this Section are located. The hearing
shall be held at a time which shall afford local citizens and governments the maximum
opportunity to participate in the decision concerning the use or disposition of the lands after
restoration, reclamation, abatement, control, or prevention of the adverse effects of past solid
mineral development practices.
F. The state through the Department of Conservation and Energy and the secretary
of natural resources may accept lands acquired and reclaimed by the secretary of the Interior
pursuant to Section 407(h) of the Surface Mining Control and Reclamation Act as amended.
In addition, the office may accept grants from the secretary to carry out the purposes of
Section 407(h) of the Surface Mining Control and Reclamation Act as amended.
G.(1) Within six months after the completion of projects to restore, reclaim, abate,
control, or prevent adverse effects of past solid mineral development practices on privately
owned land, the office shall itemize the monies so expended and may file a statement of
same in the office of the clerk of court of the parish in which the land lies, together with a
notarized appraisal by an independent appraiser of the value of the land before the
restoration, reclamation, abatement, control, or prevention of adverse effects of past solid
mineral development practices if the monies so expended shall result in a significant increase
in property value.
(2) This statement shall constitute a lien upon the land described in it. The lien shall
not exceed the amount determined by the appraisal to be the increase in the market value of
the land as a result of the restoration, reclamation, abatement, control, or prevention of the
adverse effects of past solid mineral development practices.
(3) No lien shall be filed against the property of any person, in accordance with this
Subsection who neither consented to nor participated in nor exercised control over the
mining operation which necessitated the reclamation performed.
H. The landowner may proceed to petition within sixty days after the filing of the
lien to determine the increase in the market value of the land as a result of the restoration,
reclamation, abatement, control, or prevention of the adverse effects of past solid mineral
development practices. The amount reported to be the increase in value of the premises shall
constitute the amount of the lien and shall be recorded with the statement provided for in
Subsection G of this Section. Any party aggrieved by the decision may appeal as provided
by law.
I. The lien provided in this Section shall be recorded in the office of the clerk of
court of the parish in which the land lies. The statement shall constitute a lien upon the land
as of the date of the expenditure of the monies and shall have priority as a lien second only
to the lien of real estate taxes imposed upon the land.
J.(1) The office may fill any voids, seal any abandoned tunnels, shafts, and
entryways, and reclaim surface impacts of underground or surface mines which the office
determines could endanger life and property, constitute a hazard to the public health and
safety, or degrade the environment.
(2) The office may make expenditures and carry out the purposes of this Section
without regard to the provisions of R.S. 30:905.1(D) only after all reclamation with respect
to abandoned coal lands or coal development impacts has been met, except for those
reclamation projects relating to the protection of the public health or safety.
(3) In those instances where mine waste piles are being reworked for conservation
purposes, the incremental costs of disposing of the wastes from these operations by filling
voids and sealing tunnels may be eligible for funding if the disposal of these wastes meets
the purposes of this Section.
(4) The office may acquire by purchase, donation, easement, or otherwise such
interests in land as it determines necessary to carry out the provisions of this Section.
K. Repealed by Acts 2008, No. 278, §2.
L.(1) The office may request the attorney general, who is hereby authorized to
initiate, in addition to any other remedies provided for in this Chapter, in any court of
competent jurisdiction, an action in equity for an injunction to restrain any interference with
the exercise of the right to enter or to conduct any work provided in this Section.
(2) The office in conjunction with appropriate state agencies as determined in
implementing regulations, may construct and operate a plant or plants for the control and
treatment of water pollution resulting from mine drainage. The extent of this control and
treatment of water pollution may be dependent upon the ultimate use of the water; but the
above provisions of this Subsection shall not be deemed in any way to repeal or supersede
any portion of the federal Water Pollution Control Act (33 U.S.C.A. 1151, et seq., as
amended) and no control or treatment under this Section shall in any way be less than that
required under the federal Water Pollution Control Act. The construction of a plant or plants
may include major interceptors and other facilities appurtenant to the plant.
(3) The office may transfer funds to other appropriate state agencies, in order to carry
out the reclamation activities authorized by this Chapter.
Acts 1985, No. 281, §1; Acts 2008, No. 278, §§1, 2, 3; Acts 2025, No. 458, §1, eff.
Oct. 1, 2025.