Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-44 - Division of Water Resources
Chapter 0400-44-01 - Abandoned mine lands reclamation program
Section 0400-44-01-.10 - COST OF ACQUISITION/CONDEMNATION
Current through September 24, 2024
(1) Source of Funds
The purchase price, in the case of a negotiated acquisition, or the damages as finally determined in the case of acquisition by condemnation, and the necessary expenses incidental thereto, shall be paid from the Tennessee Surface Mine Reclamation Fund, the Federal Abandoned Mine Reclamation Fund with the approval of the Secretary of Interior, or from appropriations made by the General Assembly for such purpose.
(2) Determination of Price
The State shall acquire title by direct purchase through negotiations based on an independent fee appraisal of the property. The purchase price paid shall be consistent with the fair market value of the interests acquired as adversely affected by past coal mining practices when applicable. In the case of acquisition by condemnation, the purchase price shall also be based on an independent fee appraisal to determine fair market value as well as the necessary expenses incidental thereto.
Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.