Pennsylvania Act 1968-42 — RELATING TO MINE FIRES AND SUBSIDENCE

Act text

RELATING TO MINE FIRES AND SUBSIDENCE
                   Act of Apr. 3, 1968, P.L. 92, No. 42               Cl. 52
                                  AN ACT

     To protect the public health, welfare and safety by giving to
        the Department of Mines and Mineral Industries the right
        without liability to enter upon private lands, to combat mine
        fires, refuse bank fires and subsidence resulting from mining
        and providing for remedies to secure such rights.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  This act shall be deemed to be an exercise of the
     police powers of the Commonwealth for the protection of the
     health, safety and general welfare of the people of the
     Commonwealth, by providing a means for combating mine fires,
     refuse bank fires and subsidence resulting from mining.
        Section 2.  It is hereby determined by the General Assembly
     of Pennsylvania and declared as a matter of legislative findings
     that the delay in instituting remedial projects because of time
     consumed in trying to locate property owners and in trying to
     secure the right to enter upon their lands to combat mine fires,
     refuse bank fires and subsidence resulting from mining has
     caused great damage, has permitted controllable situations to
     become large, overpowering dangers to life and property.
        Section 3.  Whenever the Secretary of Mines and Mineral
     Industries makes a finding of fact that:
        (1)  A mine fire, refuse bank fire or subsidence resulting
     from mining is at a stage where immediate action must be taken;
     and
        (2)  An emergency exists and no other person or agency will
     act to combat the condition; and
        (3)  The owners of the property upon which entry must be made
     to combat the mine fire, refuse bank fire or subsidence
     resulting from mining are not known, are not readily available
     or will not give permission for the Secretary of Mines and
     Mineral Industries, political subdivisions of the Commonwealth
     or municipalities, their agents, employes or contractors to
     enter upon such premises, or the delay entailed in reaching said
     owners and in securing from them the right to enter upon the
     premises constitutes a clear and immediate danger to the life or
     property of others, then, upon giving notice to the owners if
     known or by posting notice upon the premises and advertising
     once in a newspaper of general circulation in the municipality
     in which the land lies, the Secretary of Mines and Mineral
     Industries, political subdivisions of the Commonwealth or
     municipalities, their agents, employes or contractors, shall
     have the right to enter upon the premises to combat the mine
     fire, refuse bank fire or subsidence resulting from mining and
     to take all action necessary or expedient to do so. As soon as
     practicable thereafter, the Department of Mines and Mineral
     Industries, the political subdivisions of the Commonwealth or
     municipalities, so entering the premises and acting as above
     provided shall restore the premises so entered upon to the
     condition at the time of such entry to the extent that this may
     be reasonably practical. The moneys expended for such work and
     the benefits accruing to any such premises so entered upon shall
     be charged against such land to mitigate or offset any claim or
     any action brought by any owner of any interest in such premises
     for any alleged damages by virtue of such entry.
        The Secretary of Mines and Mineral Industries, political
     subdivisions of the Commonwealth or municipalities are hereby
     authorized to execute in favor of any agency of the Federal
     government and political subdivisions of the Commonwealth or
     municipalities are hereby authorized to execute in favor of any
     agency of the Commonwealth in any project so involving mine
     fires, refuse bank fires or subsidence resulting from mining
     agreements to hold such agencies harmless and to indemnify them
     from any claim which might arise for failure to acquire
     necessary releases from property owners or because of any
     failure to comply with any applicable statute.
        Section 4.  The court of common pleas of the county in which
     the land lies shall have jurisdiction to grant an injunction to
     prevent interference with any project as aforesaid upon suit
     brought by the Attorney General of the Commonwealth.
        Section 5.  This act is intended as remedial legislation
     designed to cure existing evils and abuses and each and every
     provision hereof is intended to receive a liberal construction
     such as will best effectuate that purpose, and no provision is
     intended to receive a strict or limited construction.
        Section 6.  It is hereby declared that the provisions of this
     act are severable one from another and if for any reason this
     act shall be judicially declared and determined to be
     unconstitutional so far as relates to one or more words,
     phrases, clauses, sentences, paragraphs or sections hereof, such
     judicial determination shall not affect any other provision of
     this act. It is hereby declared that the remaining provisions
     would have been enacted notwithstanding such judicial
     determination of the validity in any respect of one or more of
     the provisions of this act.
        Section 7.  This act shall take effect immediately.