reglab/housing_qa huggingface dataset:
KS Stat § 49-432 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 4 - Mined-land Conservation And Reclamation|49-432 Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work.

49-432. Authority of secretary and department personnel to enter property for certain purposes; entry construed as exercise of police power; studies, exploratory work. (a) If the secretary makes a finding of fact that:(1) Land or water resources have been adversely affected by past coal mining practices;(2) the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control or prevent should be taken;(3) 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 coal mining practices are not known or readily available; or(4) the owners will not give permission for the secretary, or the agents, employees or contractors of the department to enter upon such property to restore, reclaim, abate, control or prevent the adverse effects of past coal mining practices; 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 in the county in which the land is located, the secretary and the agents, employees or contractors of the department shall have the right to enter upon the property adversely affected by past coal mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control or prevent the adverse effects. Such 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 thereon.(b) The secretary and the agents, employees or contractors of the department, pursuant to an approved state program, 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 coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control or prevention of such adverse effects. Such 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 thereon.History: L. 1982, ch. 226, § 2; L. 1988, ch. 192, § 31; July 1.
KS Stat § 49-501 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 5 - Miscellaneous|49-501 Limits on excavation of certain land; civil remedies for violations.

49-501. Limits on excavation of certain land; civil remedies for violations. (a) From and after the effective date of this act, land which is located outside the limits of any incorporated city and which is not zoned or is zoned for agricultural use shall not be excavated for limestone mining or quarrying purposes unless there is, for each foot of depth excavated, at least one foot of unexcavated land between the excavation and the property line of the person who owns the land being excavated. The requirement for maintenance of unexcavated land along a property line shall not be required if adjoining lands upon both sides of such property line are being excavated for such purpose.(b) The commission of any act in violation of subsection (a) shall render the violator liable to the adjoining landowner for the payment of a civil penalty of $1,000 plus actual damages and reasonable attorney fees, recoverable in an action brought by the adjoining landowner.History: L. 1984, ch. 199, § 1; July 1.
KS Stat § 49-511 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 5 - Miscellaneous|49-511 Relocation assistance for Treece community in Cherokee county; definitions.

49-511. Relocation assistance for Treece community in Cherokee county; definitions. As used in this act:(a) "Affected community" means a community, located in Cherokee county and within the boundaries of a superfund site, which the secretary of health and environment determines has lost a substantial portion of the infrastructure necessary for individuals to live within the community due to government financed programs of relocation of individuals, businesses and nonprofit organizations within such superfund site. "Affected community" includes any area surrounding such community where residents of the area have lost essential services due to the community's loss of infrastructure.(b) "Infrastructure" means basic facilities, services and installations needed for the functioning of a community, including, but not limited to, water service, fire protection, law enforcement services and retail establishments which sell groceries, toiletries and other basic necessities.(c) "Person" means an individual or other legal entity.(d) "Superfund site" means property which is listed on the national priorities list of superfund sites established under the comprehensive environmental response, compensation, and liability act (CERCLA), 42 U.S.C.A. § 9601 et seq., as amended October 17, 1986.(e) "Trust" means the trust created by K.S.A. 2021 Supp. 49-512, and amendments thereto.History: L. 2007, ch. 17, § 1; July 1.
KS Stat § 49-513 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 5 - Miscellaneous|49-513 Same; grants to trust by secretary of health and environment.

49-513. Same; grants to trust by secretary of health and environment. The secretary of health and environment is hereby authorized to make grants to the trust to be used to provide relocation assistance and to purchase property as provided in K.S.A. 2021 Supp. 49-514, and amendments thereto, to persons relocating from an affected community and assistance to public school districts as provided in K.S.A. 2021 Supp. 49-515, and amendments thereto.History: L. 2007, ch. 17, § 3; July 1.
KS Stat § 49-515 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 5 - Miscellaneous|49-515 Same; grants to school districts.

49-515. Same; grants to school districts. In addition to the relocation assistance pursuant to K.S.A. 2021 Supp. 49-514, and amendments thereto, the trust may provide grants to public school districts which are located within the boundaries of a federal superfund site and are adversely impacted by relocations pursuant to this act.History: L. 2007, ch. 17, § 5; July 1.
KS Stat § 49-516 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 5 - Miscellaneous|49-516 Same; funding of trust; application for assistance, procedure.

49-516. Same; funding of trust; application for assistance, procedure. (a) The trust may seek and expend funds from any other source, whether public or private, to further the purposes of this act.(b) The trust shall establish appropriate procedures for applications for relocation assistance pursuant to this act and shall set a deadline for submission of the initial application for such assistance. Such procedures may include a requirement that any person receiving assistance pursuant to this section must agree to move to property on which there is no mining waste and which is not prone to subsidence.(c) Any assistance pursuant to this act shall be contingent upon availability of funds for that purpose.History: L. 2007, ch. 17, § 6; July 1.
KS Stat § 49-517 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 5 - Miscellaneous|49-517 Same; rights not created; valuation determinations not subject to judicial review.

49-517. Same; rights not created; valuation determinations not subject to judicial review. (a) Nothing in this act shall create any property right or right in action. The courts shall have no jurisdiction to entertain any action against the trust, the secretary or department of health and environment or the state of Kansas, or any officer or agent thereof, founded on a claim that the claimant should have received different or better treatment pursuant to this act.(b) Determinations made by the trust pursuant to the assistance program provided for by this act, including, but not limited to, determinations as to what constitutes the average rental cost of comparable housing, the average cost of comparable properties, the eligibility of any person for assistance and the determination of the proper amount of such assistance, if any, shall be committed to the sole discretion of the trust based on the information available to it and shall not be subject to judicial review.History: L. 2007, ch. 17, § 7; July 1.
KS Stat § 49-601 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-601 Surface-mining land conservation and reclamation; citation of act.

49-601. Surface-mining land conservation and reclamation; citation of act. This act shall be known and may be cited as the surface-mining land conservation and reclamation act.History: L. 1994, ch. 197, § 1; July 1.
KS Stat § 49-602 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-602 Same; policy statement.

49-602. Same; policy statement. It is the policy of this state to provide for the reclamation and conservation of land affected by surface mining and thereby to preserve natural resources, protect and perpetuate the taxable value of property, and protect and promote the health, safety and general welfare of the citizens of this state.History: L. 1994, ch. 197, § 2; July 1.
KS Stat § 49-604 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-604 Same; application of act.

49-604. Same; application of act. K.S.A. 49-602 through 49-624 shall not apply to:(a) Affected land mined prior to the effective date of this act and shall apply only to those areas of land affected after the effective date of this act;(b) in any way affect or control the stockpiling, method of stockpiling or mining from stockpiles of gypsum, clay, shale, stone, sandstone, sand, silt, gravel, volcanic ash or other minerals which are consumed in the regular operation of the business;(c) operations which involve the removal of sand and gravel from within streams and are subject to the provisions of K.S.A. 82a-301 through 82a-305a, and amendments thereto; or(d) operations of an operator whose affected lands do not exceed an aggregate of 2 acres.History: L. 1994, ch. 197, § 4; July 1.
KS Stat § 49-605 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-605 Same; license required; application and fees; duration of license; validity, when.

49-605. Same; license required; application and fees; duration of license; validity, when. (a) No person shall engage in surface mining or operation of an underground mine or mines, as defined by this act, without first obtaining a license from the director.(b) Licenses shall be issued upon application submitted on a form provided by the director and shall be accompanied by a fee of $300. Each applicant shall be required to furnish on the form information necessary to identify the applicant. Licenses shall expire one year from the date of issuance and shall be renewed by the director upon application submitted within 30 days prior to the expiration date and accompanied by the renewal fee established by the director under K.S.A. 49-623, and amendments thereto.(c) A license to mine is only valid when approved by the director and acknowledged by a certificate that has been signed by the director and lists the operator and the assigned license number.History: L. 1994, ch. 197, § 5; L. 2021, ch. 74, § 16; May 6.
KS Stat § 49-606 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-606 Same; denial, suspension or revocation of license; proceedings.

49-606. Same; denial, suspension or revocation of license; proceedings. (a) The secretary, at the request of the director, may deny issuance or renewal of a license for repeated or willful violation of the provisions of this act or for failure to comply with any provision of a reclamation plan.(b) The secretary, at the request of the director, may suspend or revoke a license for repeated or willful violation of any of the provisions of this act or for failure to comply with any provision of a reclamation plan. Proceedings for the suspension or revocation of a license pursuant to this section shall be conducted in accordance with the Kansas administrative procedure act by the secretary or a presiding officer from the office of administrative hearings.History: L. 1994, ch. 197, § 6; L. 2004, ch. 145, § 16; L. 2021, ch. 74, § 17; May 6.
KS Stat § 49-607 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-607 Same; registration of mining site, when; application, contents; fees; signing of site; unlawful acts.

49-607. Same; registration of mining site, when; application, contents; fees; signing of site; unlawful acts. (a) At least 30 calendar days before commencement of mining or removal of overburden at a surface mining site not previously registered, an operator engaged in surface mining in this state shall register the site with the director. Application for registration shall be made upon a form provided by the director. All site registrations shall expire one year from the date of issuance. Application for renewal of registration shall be on a form provided by the director. The application shall include:(1) A description of the tract or tracts of land where the site is located and the estimated number of acres at the site to be affected by surface mining;(2) if the application is for original registration, a reclamation plan detailing the postmining land use, how the final reclamation will be achieved and illustrating the proposed final topography;(3) if the application is for renewal and changes have been made in the reclamation plan last filed, an updated reclamation plan;(4) if the application is for renewal and no changes have been made in the reclamation plan last filed, a statement of that fact;(5) the description shall include the section, township, range and county in which the land is located and shall otherwise describe the land with sufficient certainty to determine the location and to distinguish the land to be registered from other lands;(6) a statement explaining the authority of the applicant's legal right to operate a mine on the land; and(7) proof of compliance with all applicable zoning codes or rules and regulations and all applicable local, state and federal permits, except those contingent upon registration under the provisions of this act.(b) The application shall be accompanied by the application fee and the registration or renewal fee established by the director under K.S.A. 49-623.(c) A mine site registered pursuant to this section or K.S.A. 49-616 shall have, at the primary entrance to the mine site, a clearly visible sign which sets forth the name, business address and phone number of the operator. Failure to post and maintain a sign as required by this subsection, within 30 days after notice from the director, invalidates the registration.(d) A person who falsifies information required to be submitted under this section shall be guilty of a class A nonperson misdemeanor.History: L. 1994, ch. 197, § 7; July 1.
KS Stat § 49-608 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-608 Same; bond or security to accompany registration application; registration of site and authority to operate mine.

49-608. Same; bond or security to accompany registration application; registration of site and authority to operate mine. The application for registration shall be accompanied by a bond or security conforming to the requirements of K.S.A. 49-615 and 49-616. After ascertaining that the applicant is licensed under K.S.A. 49-605 and is not in violation of this act with respect to any site previously registered with the director, the director shall register the mine site and shall issue the applicant written authorization to operate a mine.History: L. 1994, ch. 197, § 8; July 1.
KS Stat § 49-609 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-609 Same; amendment or cancellation of registration, applications; procedures and requirements.

49-609. Same; amendment or cancellation of registration, applications; procedures and requirements. (a) An operator may at any time apply for amendment or cancellation of registration of any site. The application for amendment or cancellation of registration shall be submitted by the operator on a form provided by the director and shall identify as required under K.S.A. 49-607 the tract or tracts of land to be added to or removed from registration.(b) If the application is for an increase in the area of a registered site, the application shall be processed in the same manner as an application for original registration.(c) If the application is to cancel registration of any or all of the unmined part of a site, the director, after ascertaining that no overburden has been disturbed or deposited on the land, shall order release of the bond or the security posted on the land being removed from registration and cancel or amend the operator's written authorization to conduct surface mining on the site.(d) Land where overburden has been disturbed or deposited shall substantially meet the criteria established by the reclamation plan submitted with the registration application before the land shall be removed from registration or released from bond or security under this section.History: L. 1994, ch. 197, § 9; July 1.
KS Stat § 49-610 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-610 Same; transfer of site control responsibility; application.

49-610. Same; transfer of site control responsibility; application. (a) If control of an active site or the right to conduct any future mining at an inactive site is acquired by an operator other than the operator holding authorization to conduct surface mining on the site, the new operator, within 15 days, shall apply for registration of the site in the new operator's name. The application shall be made and processed as provided under K.S.A. 49-607 and 49-608. The former operator's bond or security shall not be released until the new operator's bond or security has been accepted by the director.(b) The director may establish procedures for transferring the responsibility for reclamation of a mine site to a state agency or political subdivision which intends to use the site for other purposes. The director, with agreement from the receiving agency or subdivision to complete adequate reclamation, may approve the transfer of responsibility, release the bond or security, and terminate or amend the operator's authorization to conduct surface mining on the site.History: L. 1994, ch. 197, § 10; July 1.
KS Stat § 49-611 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-611 Same; conduct and activities required after completion of mining operations; release of bond or security.

49-611. Same; conduct and activities required after completion of mining operations; release of bond or security. (a) An operator authorized under this act to operate a mine, after completion of mining operations and within the time specified in K.S.A. 49-613, and amendments thereto, shall:(1) Grade affected lands except for impoundments and pit floors to slopes no steeper than one foot vertical rise for each three feet of horizontal distance. Where the original topography of the affected land was steeper than one foot of vertical rise for each three feet of horizontal distance, the affected lands may be graded to blend with the surrounding terrain. The grading of high banks of sand pits and highwalls may be modified or exempted by the director.(2) Provide for the vegetation of the affected lands, except for impoundments, pit floors and highwalls, as approved by the director before the release of the bond as provided in K.S.A. 49-616, and amendments thereto.(b) Notwithstanding subsection (a), overburden piles where disposition has not occurred or will not occur for a period of 12 months shall be stabilized.(c) Topsoil that is a part of overburden shall not be buried or destroyed in the process of mining.(d) The director, with concurrence of the secretary, may grant a variance from the requirements of subsections (a) and (b).(e) A bond or security posted under this act to assure reclamation of affected lands shall not be released until all reclamation work required by this section has been performed in accordance with the provisions of this act, except when a replacement bond or security is posted by a new operator or responsibility is transferred under K.S.A. 49-610, and amendments thereto.History: L. 1994, ch. 197, § 11; L. 2021, ch. 74, § 18; May 6.
KS Stat § 49-612 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-612 Same; periodic reports, contents; report after completion of mining operation.

49-612. Same; periodic reports, contents; report after completion of mining operation. (a) An operator shall file with the director a periodic report for each site under registration. The report shall make reference to the most recent registration of the mine site and shall show:(1) The location and extent of all surface land area on the mine site affected by mining during the period covered by the report.(2) The extent to which removal of mineral products from all or any part of the affected land has been completed.(b) A report shall also be filed within 90 days after completion of all surface mining operations at the site regardless of the date of the last preceding report. Forms for the filing of periodic reports required by this section shall be provided by the director.History: L. 1994, ch. 197, § 12; July 1.
KS Stat § 49-613 (2021)
2021 Kansas Statutes|Chapter 49 - Mines And Mining|Article 6 - Surface-mining Land Conservation And Reclamation|49-613 Same; reclamation of affected lands, when; extensions; inspections; approval; release of bond or security.

49-613. Same; reclamation of affected lands, when; extensions; inspections; approval; release of bond or security. (a) An operator shall reclaim affected lands within a period not to exceed three years after the filing of the report required under K.S.A. 49-612(b), and amendments thereto, indicating the mining of any part of a site has been completed.(b) For certain postmining land uses, such as a sanitary land fill, the director, with the approval of the secretary, may allow an extended reclamation period.(c) An operator, upon completion of any reclamation work required by K.S.A. 49-611, and amendments thereto, shall apply to the director in writing for approval of the work. The director, within a reasonable time, shall inspect the completed reclamation work. Upon determination by the director that the operator has satisfactorily completed all required reclamation work on the land included in the application, the director shall release the bond or security on the reclaimed land, shall remove the land from registration and shall terminate or amend, as necessary, the operator's authorization to conduct surface mining on the site.(d) Periodic inspections may be conducted by the director or the director's designee to ensure that the operator is following the reclamation plan.History: L. 1994, ch. 197, § 13; L. 2021, ch. 74, § 19; May 6.