Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 879 - Acquisition, Management, and Disposition of Lands and Water
Section 4VAC25-130-879.12 - Procedures for acquisition

Universal Citation: 4 VA Admin Code 25-130-879-12

Current through Register Vol. 41, No. 3, September 23, 2024

(a) An appraisal of all land or interest in land to be acquired shall be obtained by the Director. The appraisal shall state the fair market value of the land as adversely affected by past mining.

(b) When practical, acquisition shall be by purchase from a willing seller. The amount paid for land or interests in land acquired shall reflect the fair market value of the land or interests in land as adversely affected by past mining.

(c) When necessary, land or interests in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.

(d) The Director shall comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1972, Chapter 6 (§ 25-235 et seq.) of Title 25 of the Code of Virginia.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

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