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HB 537 (BR 1753) - B. Smith, J. Gooch, K. Hall
AN ACT relating to mines and minerals.
Amend KRS 350.280 to delete the requirement that an order of cessation be issued by the cabinet directing the permittee or operator to abate a violation before granting an easement of necessity in emergency situations; require the permittee or operator to submit to the property owner a statement that abatement of the violation will be diligently pursued; require that the appraisal be done by an appraiser certified under KRS Chapter 324A; require that the appraisal measure the damages to the property that have resulted from the violation; require that the appraisal be completed and provided to the owner or occupant within three days of abatement of the violation; provide that the property owner or occupant may reject the appraisal within seven days of its receipt; provide a process for the owner or occupant to obtain another appraisal and provide that it shall be completed and submitted to the permittee or operator within 30 days; provide for exchange of funds after acceptance of an appraisal by the owner or occupant; provide that if the owner or occupant does not accept or reject the appraisal within seven days that the appraisal will be deemed accepted; provide for a method of calculating the damages to the property; provide for commencement of the easement of necessity for the purpose of conducting an appraisal; provide for the calculation and remittance of an entry fee to the owner or occupant for the privilege of entering the property to conduct the appraisal in nonemergency situations; provide that the permittee or occupant's easement of necessity shall be recognized upon payment of the entry fee; provide that the entry fee be deducted from any subsequent payment due the property owner or occupant as a result of post-abatement appraisals; and provide that if the entry fee exceeds the amount of all appraisals, the property owner or occupant shall be entitled to retain the fee in its entirety.
HB 537 - AMENDMENTS
HFA (1, B. Smith) - Prohibit a person's acceptance of the entry fee or the appraisal as limiting the person's right to bring civil suit for injunctive relief.
HFA (2, B. Smith) - Require the coal operator or the permittee to provide the person with a plan of action, proof of liability insurance and worker's compensation insurance before an easement of necessity becomes effective and the coal operator or the permittee is allowed to enter the property to undertake remedial action to abate the violation.
HFA (3, B. Smith) - Prohibit a person's acceptance of the entry fee or the appraisal as limiting the person's right to bring civil suit to obtain damages or any other appropriate relief.
Feb 18-introduced in House
Feb 19-to Natural Resources and Environment (H)
Feb 26-posted in committee
Mar 2-reported favorably, 1st reading, to Calendar
Mar 3-2nd reading, to Rules
Mar 4-posted for passage in the Regular Orders of the Day for Friday, March 5, 2004
Mar 5-floor amendments (1) and (2) filed
Mar 8-floor amendment (3) filed
Mar 16-3rd reading, passed 90-0 with floor amendments (2) and (3)
Mar 17-received in Senate
Mar 22-to Agriculture and Natural Resources (S)
Mar 23-reported favorably, 1st reading, to Consent Calendar
Mar 24-2nd reading, to Rules
Mar 25-posted for passage in the Consent Orders of the Day for Friday, March 26, 2004
Mar 26-passed over and retained in the Consent Orders of the Day
Mar 29-passed over and retained in the Consent Orders of the Day
Apr 12-3rd reading, passed 38-0
Apr 13-received in House; enrolled, signed by each presiding officer; delivered to Governor
Apr 22-signed by Governor (Acts ch. 159)
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