reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.740 - Commission authorized to receive funds and services.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.740. Commission authorized to receive funds and services. —
1. In the reclamation of land affected by strip mining for which it has funds available, the commission may avail itself of any services which may be provided by other state agencies or by agencies of the federal government, and may compensate them for such services.
2. The commission may receive any federal funds, state funds or any other funds for the reclamation of land affected by strip mining. The commission may cause the reclamation work to be done by its own employees or by the employees of other governmental agencies, soil conservation districts, or through contracts with qualified persons. The contracts shall be awarded to the lowest responsible bidder upon competitive bids after reasonable advertisement. The commission and any other agency and any contractor under a contract with the board shall have reasonable right of access to the land affected to carry out such reclamation.
3. When funds or any public works program are available to the commission, both funds and services may be used and expended to reclaim and rehabilitate any lands that have been subjected to strip mining that have not been reclaimed and rehabilitated in accordance with standards set by sections 444.500 to 444.755 and which are not covered by bond to guarantee such reclamation.
4. A person or organization having qualifications acceptable to the commission may post bond or a cash deposit in a sum determined by the commission and assume the liability for carrying out the reclamation plan approved by the commission in areas where the mining operation and any necessary grading have been completed. The commission shall then release the bond posted by the operator for such area.
­­--------
(L. 1971 S.B. 1 § 27)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.750 - Recreational use of reclaimed lands encouraged.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.750. Recreational use of reclaimed lands encouraged. —
Owners of lands that have been reclaimed or otherwise comply with the provisions of sections 444.500 to 444.755 are encouraged to make available to the people of this state these lands for recreational use at no charge. Recreational use to be any of the following or combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, nature study, water skiing, winter sports and viewing or enjoying historical, archaeological, scenic or scientific sites.
­­--------
(L. 1971 S.B. 1 § 28 subsec. 1)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.755 - Repeal of existing law not intended.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.755. Repeal of existing law not intended. —
No existing civil or criminal remedy for any wrongful action which is a violation of any part of sections 444.500 to 444.755 or any rule or regulation promulgated hereunder shall be excluded or impaired by sections 444.500 to 444.755.
­­--------
(L. 1971 S.B. 1 § 28 subsec. 2)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.760 - Short title.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1971
444.760. Short title. —
This act may be known and cited as "The Land Reclamation Act".
­­--------
(L. 1971 H.B. 519 § 1)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.762 - Declaration of policy.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2014
444.762. Declaration of policy. —
It is hereby declared to be the policy of this state to strike a balance between mining of minerals and reclamation of land subjected to surface disturbance by mining, as contemporaneously as possible, and for the conservation of land, and thereby to preserve natural resources, to encourage the planting of forests, to advance the seeding of grasses and legumes for grazing purposes and crops for harvest, to aid in the protection of wildlife and aquatic resources, to establish recreational, home and industrial sites, to protect and perpetuate the taxable value of property, and to protect and promote the health, safety and general welfare of the people of this state.
­­--------
(L. 1971 H.B. 519 § 2, A.L. 1990 H.B. 1584, A.L. 2014 S.B. 642)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.771 - Limitation on permits near an accredited school.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 11 Jul 2011, see footnote
444.771. Limitation on permits near an accredited school. —
Notwithstanding any other provision of law to the contrary, the commission and the department shall not issue any permits under this chapter or under chapters 643 or 644 to any person whose mine plan boundary is within one thousand feet of any real property where an accredited school has been located for at least five years prior to such application for permits made under these provisions, except that the provisions of this section shall not apply to any request for an expansion to an existing mine or to any underground mining operation.
­­--------
(L. 2011 H.B. 89)
Effective 7-11-11
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.775 - Release of bond, conditions — petition, hearing — administrative review.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2001
444.775. Release of bond, conditions — petition, hearing — administrative review. —
1. Prior to release of the bond or any portion thereof, application shall be made by the operator to the commission, either with the completion of the report referred to in section 444.774 or subsequent to such report, for release of the bond.
2. The commission shall cause to have investigated the status of reclamation on land for which a release application has been filed.
3. If the director or the commission determines that the bond, or any portion thereof, should be released, an order may be so issued without hearing. If an owner of the land that has been affected by surface mining files a petition in opposition to the release of the bond within thirty days of the receipt date of the application for release, a hearing may be held, if the bond release criteria does not meet permit standards. A hearing may also be held if the director, within thirty days of the receipt date of the application for release, recommends denial of the application following its investigation. In such cases, the commission may hold a hearing as provided in section 444.789 and enter such order as shall be appropriate.
4. If the commission determines that the bond or any portion thereof should not be released, the commission shall issue an order to that effect with the reasons for the order and shall give notice to the operator. A hearing shall be held by the commission as provided in section 444.789 if requested by the operator within thirty days of the date of notice of the order. At such hearing burden of proof shall be on the operator. After hearing, the commission shall enter such order as shall be appropriate and shall give notice to the operator.
5. All final decisions or orders of the commission shall be subject to judicial review as provided for in chapter 536. No judicial review shall be available, however, until and unless all administrative remedies are exhausted.
­­--------
(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.777 - Entry upon lands and inspection by commission members — warrants to issue.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2001
444.777. Entry upon lands and inspection by commission members — warrants to issue. —
Commission members and authorized representatives of the commission may at all reasonable times enter upon any lands that have been or are being surface mined for the purpose of inspection to determine whether the provisions of sections 444.760 to 444.790 have been complied with. No person shall refuse entry or access requested for purposes of inspection, to any member of the commission or authorized representative who presents appropriate credentials, nor obstruct or hamper any such person in carrying out the inspection. A suitably restricted search warrant, describing the place to be searched and showing probable cause in writing and upon written oath or affirmation by any member of the commission or authorized representative, shall be issued by any circuit judge or associate circuit judge in the county where the search is to be made.
­­--------
(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.782 - Attorney general to represent commission, when — hearings on bond forfeiture, notice.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2001
444.782. Attorney general to represent commission, when — hearings on bond forfeiture, notice. —
The attorney general, upon request of the commission, shall institute proceedings to have the bond of the operator forfeited for violation by the operator of any of the provisions of sections 444.760 to 444.790. Before making such request of the attorney general, the commission shall notify the operator in writing of the alleged violation or noncompliance and shall afford the operator the right to appear before the commission at a hearing to be held not less than thirty days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the commission, statements, documents and other information with respect to the alleged violation. After the conclusion of the hearing, the commission shall either withdraw the notice of violation or shall request the attorney general to institute proceedings to have the bond of the operator forfeited as to the land involved.
­­--------
(L. 1971 H.B. 519 § 11, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.784 - Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2001
444.784. Commission rules and regulations authorized — delegation of authority — forfeiture funds, where expended. —
The commission may adopt and promulgate reasonable rules and regulations respecting the administration of sections 444.760 to 444.790. Any act authorized to be done by the director may be performed by any employee of the commission when designated by the director. All forfeitures collected after January 1, 1972, as provided in sections 444.760 to 444.790, shall be expended to reclaim and rehabilitate land affected in accordance with the provisions of sections 444.760 to 444.790. Insofar as is reasonably practicable, the funds shall be expended upon the lands for which the permit was issued and for which the bond was given.
­­--------
(L. 1971 H.B. 519 § 12, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453)
CROSS REFERENCE:
Rules, procedure for making and rescinding, Chap. 536
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.786 - Operation without permit prohibited, penalty.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2001
444.786. Operation without permit prohibited, penalty. —
Any person required by sections 444.760 to 444.790 to have a permit who engages in the mining of minerals without previously securing a permit to do so as prescribed by sections 444.760 to 444.790, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than one thousand dollars. Each day of operation without the permit required by sections 444.760 to 444.790 will be deemed a separate violation.
­­--------
(L. 1971 H.B. 519 § 13, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.788 - Civil action.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2001
444.788. Civil action. —
In the event the commission determines that any provisions of sections 444.760 to 444.790, rules and regulations promulgated thereunder, permits issued, conditions of the bond, or any final order or determination made by the commission or the director is being violated, the commission may, either after judicial review or simultaneously with judicial review, cause to have instituted a civil action, either in the county where the violation occurs or in Cole County, for injunctive relief, for collection of the civil penalty and for forfeiture of bond. The attorney general shall bring such action, at the request of the commission, in the name of the state of Missouri.
­­--------
(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.789 - Administrative procedure — inapplicability to public meetings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 2001
444.789. Administrative procedure — inapplicability to public meetings. —
1. Any hearing pursuant to this section shall be of record and shall be a contested case.
2. Parties to such a hearing may make oral argument, introduce testimony and evidence, and cross-examine witnesses.
3. The hearing shall be before the commission or the chairman of the commission may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri Bar as hearing officer to hold the hearing and make recommendations to the commission, but the commission shall make the final decision thereon and any member participating in the decision shall review the record before making the decision.
4. In any such hearing any member of the commission may issue in the name of the commission notice of hearing and subpoenas as provided for in section 536.077.
5. The rules of discovery that apply to any civil case shall apply to hearings held by the commission.
6. The administrative procedures in this section shall not apply to the public meetings pursuant to section 444.773.
­­--------
(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.840 - Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.840. Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability. —
1. (1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the commission.
(2) An application for a revision of a permit shall not be approved unless the commission or the director finds that reclamation can be accomplished under the revised reclamation plan. The revision shall be approved or disapproved within a period of time established by the commission. The commission shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; provided, that any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.
2. No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this law shall be made without the written approval of the commission.
3. The commission shall, within a time limit prescribed in regulations promulgated by the commission, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit; provided, that such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by rule or regulation.
4. Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under this law as to that particular operation, but only if the successor operator applies for and qualifies for a permit and assumes as part of his obligation all liability for the reclamation of the area of land affected by the former operator and sufficient bond is filed with the commission as provided in section 444.830. The successor operator shall not be required to pay the acre fee for any acre or fraction thereof for which a fee has already been paid.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.845 - Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.845. Coal exploration permit required — contents of application — bond required — confidential items — limitation on removal of coal — sections 444.800 to 444.940 applicable to coal exploration rules and regulations. —
1. All persons conducting coal exploration operations must obtain a permit and those operations which substantially disturb the natural land surface must be conducted in accordance with exploration regulations adopted by the commission. The permit application shall include, at a minimum, a description of the exploration area and the period of supposed exploration and provisions for reclamation in accordance with the performance standards in section 444.855 of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment; and shall be accompanied by a bond pursuant to section 444.830, except that the minimum bond shall be one thousand dollars.
2. Information submitted pursuant to this subsection as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination.
3. Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of section 444.870.
4. No operator shall remove more than two hundred and fifty tons of coal pursuant to an exploration permit without the specific written approval of the commission.
5. The provisions of this law are applicable to coal exploration operations with such modifications to the permit application requirements, permit approval or denial procedures, bond requirements and other appropriate requirements as are necessary to accommodate the distinct differences for coal exploration operations. The commission shall promulgate rules and regulations setting forth such modifications.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.900 - Judicial review.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.900. Judicial review. —
All final decisions or orders of the commission shall be subject to judicial review as provided in chapter 536. No judicial review shall be available, however, until all administrative remedies are exhausted. The availability of such review shall not be construed to limit the operation of the rights established in section 444.880 except as provided therein.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.905 - Severability — rights retained — replacement of water — explosives regulations.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.905. Severability — rights retained — replacement of water — explosives regulations. —
1. If any provision of this law or the applicability thereof to any person or circumstance is held invalid, the remainder of this law and the application of such provision to other persons or circumstances shall not be affected thereby.
2. Nothing in this law shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface coal mining operation.
3. The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such surface coal mine operation.
4. In accordance with this law, the commission shall promulgate regulations requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.920 - Abandoned mine reclamation fund, commission's duties and powers.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.920. Abandoned mine reclamation fund, commission's duties and powers. —
In order to receive applicable federal funds for the abandoned mine reclamation fund, and to meet necessary federal requirements:
(1) The commission may submit to the appropriate federal officer or agency a state reclamation plan and annual projects to carry out abandoned mine reclamation.
(2) Each state reclamation plan shall generally identify the areas to be reclaimed, the purpose for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work.
(3) On an annual basis the commission may submit to the appropriate federal officer or agency an application for support of the state program and implementation of specific reclamation projects, and shall submit all information required, including a description and priority evaluation of each project, the estimated benefits and costs, for research and demonstration projects a description of techniques, the cost and identification of lands to be acquired, and an inventory of the previous years grant.
(4) The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses.
(5) The commission shall submit such annual and other reports as necessary and required by the appropriate federal officer or agency.
(6) The commission may, in order for the state to receive applicable federal funds, certify to the appropriate federal officer or agency that objectives of the fund set forth in sections 444.915 and 444.935 have been achieved, there is a need for construction of specific public facilities in communities impacted by coal development, and impact funds which may be available under provisions of the Federal Mineral Leasing Act of 1920, as amended, or the Act of October 20, 1976, Public Law 94-565 (90 Stat. 2662), are inadequate for such construction.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.930 - Liens for corrective measures — amount, filing, valuation — appeals, priority of liens.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.930. Liens for corrective measures — amount, filing, valuation — appeals, priority of liens. —
1. Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the commission shall itemize the moneys so expended and may file a statement thereof in the recorder of deeds office in the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.
2. The landowner may, within sixty days of the filing of the lien, request a hearing before the commission to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by law.
3. The lien provided in this section shall be entered in the office of the recorder of deeds in the county in which the land lies. Such statement shall constitute a lien upon the said land as of the date of the expenditures of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.935 - Public health hazards — actions to abate, procedure.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.935. Public health hazards — actions to abate, procedure. —
The general assembly declares that voids, and open and abandoned tunnels, shafts, and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operation may degrade the environment. The governor is authorized to request the appropriate federal officer under federal programs to fill such voids, seal such abandoned tunnels, shafts, and entryways, and reclaim surface impacts of underground mines which could endanger life and property, constitute a hazard to the public's health and safety, or degrade the environment. The commission is authorized to carry out such work pursuant to an approved abandoned mine reclamation program and with funds available for use in carrying out the purpose of this section from federal moneys received.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.940 - Report on fund required — administration of fund, rules and regulations — authorized activities — water pollution treatment.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1979
444.940. Report on fund required — administration of fund, rules and regulations — authorized activities — water pollution treatment. —
1. Not later than January 1, 1981, and annually thereafter, the commission shall report to the Congress and the general assembly on operations under the abandoned mine reclamation fund together with recommendations as to future uses of the abandoned mine reclamation fund.
2. The commission shall have the power and authority, if not granted it otherwise, to engage in any work and to do all things necessary or expedient, including promulgation of rules and regulations, to implement and administer the abandoned mine reclamation fund.
3. The commission shall have the power and authority to engage in cooperative projects under this title with any agency of the United States of America, and any state and their governmental agencies to administer the abandoned mine reclamation fund.
4. The commission may request the attorney general, who is hereby authorized to initiate, in addition to any other remedies provided for, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in sections 444.915 to 444.940.
5. The commission shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage to implement and administer the abandoned mine reclamation fund. The extent of this control and treatment may be dependent upon the ultimate use of the water; provided, that no control or treatment under this subsection shall in any way be less than that required under the Federal Water Pollution Control Act. The construction of a plant or plants may include major interceptors and other facilities appurtenant to the plant.
­­--------
(L. 1979 H.B. 459)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.955 - Revegetation of mined land, responsibility transfer, approval required.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 07 Apr 1982, see footnote
444.955. Revegetation of mined land, responsibility transfer, approval required. —
With commission approval, a person other than the original permittee may assume responsibility for revegetating lands mined pursuant to sections 444.805 to 444.970
*
. The commission shall establish conditions of any such transfer of responsibility, which shall include the posting of a performance bond, to insure that the permittee's reclamation plan is satisfactorily completed.
­­--------
(L. 1982 S.B. 737)
Effective 4-07-82
*Words "this act" appear in original rolls.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.960 - Fund, coal mine land reclamation, established, purpose, duties.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 28 Aug 1993
444.960. Fund, coal mine land reclamation, established, purpose, duties. —
1. A "Coal Mine Land Reclamation Fund" is hereby established in the state treasury. Assessments paid pursuant to the provisions of section 444.965 shall be placed in this fund. If a permittee has filed a phase I reclamation bond pursuant to section 444.950, and then fails to complete the reclamation plan for any land for which he has received a permit, moneys within the fund shall be used by the commission to complete the reclamation after the proceeds from any applicable performance bond for such reclamation have been exhausted. Any penalty levied by the commission under section 444.970 shall be paid into the fund.
2. Any portion of the fund not immediately needed to pay for reclamation work shall be deposited by the state treasurer in interest-bearing accounts in the same manner as other state funds are so deposited, and the interest earned thereon shall be credited to the fund.
3. The fund shall be allowed to accumulate until it reaches the greater of seven million dollars or two thousand five hundred dollars times the number of acres within the state that have been mined but which have not been released by the commission as having been reclaimed. Moneys which accumulate above this ceiling shall be distributed to the contributing companies on an equitable basis as determined by the commission.
4. Notwithstanding other provisions of law, the fund shall not lapse at the end of any fiscal year, but shall be held separate and apart from other state funds and shall be used solely for the purposes authorized by the provisions of this section.
5. All moneys assessed for the coal mine land reclamation fund after September 1, 1988, shall be allocated such that forty percent of such assessments shall be applied to the reclamation of those permits that have been revoked by the commission prior to September 1, 1988, and sixty percent of such assessments shall be applied to the reclamation of those permits that have been revoked by the commission after September 1, 1988. All moneys within the coal mine land reclamation fund as of September 1, 1988, shall be allocated to the forty percent portion of the fund. After enough moneys have accumulated in the forty percent pool to complete reclamation of those permits that have been revoked by the commission prior to September 1, 1988, all moneys assessed to the coal mine land reclamation fund shall be allocated to the sixty percent fund. The moneys within the respective funds may be utilized by the commission on any aspect of reclamation.
­­--------
(L. 1982 S.B. 737, A.L. 1986 S.B. 778, A.L. 1988 H.B. 1836, A.L. 1993 H.B. 312 & 257)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 444 - Rights and Duties of Miners and Mine Owners › Section 444.970 - Penalty — delinquency or failure to comply with assessment or reclamation plan.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 444
• Effective - 07 Apr 1982, see footnote
444.970. Penalty — delinquency or failure to comply with assessment or reclamation plan. —
1. The commission may impose a penalty of twenty-five cents per ton upon any permittee who is more than thirty days delinquent in paying the assessment due under the provisions of section 444.965. Such penalty shall remain in effect until the delinquency is eliminated. The commission may also require prepayment of any subsequent assessments.
2. If a permittee fails to complete a reclamation plan and the completion must be made by or on behalf of the commission, the permittee or any principal of the permittee or any entity in which a principal of the permittee is a principal or any entity controlled by or under common control with the permittee shall not operate in this state until the costs of such completion have been fully paid by the permittee. The commission may sue to recover from the permittee the cost of such completion.
3. In addition, if any permittee becomes substantially delinquent in completing his reclamation plan, a penalty of twenty-five cents per ton may be imposed by the commission. Such penalty shall remain in force until the delinquency is corrected. The commission may also require bonding, in addition to that of section 444.950, to fully insure the delinquent reclamation.
4. The general assembly is under no obligation to appropriate general revenue moneys to reclaim land mined under sections 444.805 to 444.970
*
.
­­--------
(L. 1982 S.B. 737)
Effective 4-7-82
*Words "this act" appear in original rolls.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.010 - Plats of cities, towns, villages — shall show what.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.010. Plats of cities, towns, villages — shall show what. —
1. Whenever any city, town or village, or any addition to any city, town or village, shall be laid out, the proprietor of such city, town or village, or addition, shall cause to be made out an accurate map or plat thereof, particularly setting forth and describing:
(1) All parcels of ground within such town, village or addition reserved for public purposes by their boundaries, course and extent, whether they be intended for avenues, streets, lanes, alleys, commons or other public uses; and
(2) All lots for sale, by numbers, and their precise length and width.
2. And the streets of all such additions to cities, towns or villages, or of plats of ground, except plats for cemetery purposes, shall conform to the streets of such city, town or village, so that the streets and avenues of such additions or plats shall, as near as may be, run parallel with or be continuations on a straight line of the streets of said city, town or village, and all taxes against the property proposed to be platted shall be paid.
­­--------
(RSMo 1939 § 12804)
Prior revisions: 1929 § 11180; 1919 § 9283; 1909 § 10290
CROSS REFERENCES:
Commissioners in partition suit to divide land into lots, when, map shall be filed, 528.270, 528.330, 528.550, 528.560
Estate may be divided into town lots and platted, when, 473.533
(1953) Conveyance of lots by reference to recorded plat on which tract was designated as private street, creates perpetual easement in such tract for street purposes in purchasers of lots abutting thereon and their successors. Larkin v. Kieselmann (Mo.), 259 S.W.2d 785.
(1957) A common law dedication is accomplished when a landowner does some act which clearly indicates his intention to dedicate the land to public use and there is an acceptance by the public. Acceptance may be implied from long use by the public as of right. City of St. Charles v. DeSherlia (A.), 308 S.W.2d 456.
(1972) Where original owner platted open named roadways reaching each tract in subdivision and made certain restrictions and reservations but did not limit the right to use the roadways, purchaser of tract therein was not limited to use roadways only for residential development and were entitled to drive their trucks to and from hauling topsoil from their tract in their home-building operations. Good v. Bennett (A.), 480 S.W.2d 77.
(1974) Held that public has the right to exclusive use of highways for public purposes and any unauthorized obstruction or encroachment thereon constitutes a nuisance. State ex rel. State Highway Commission v. Johns (A.), 507 S.W.2d 75.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.020 - Plat, how drawn — shall show what.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.020. Plat, how drawn — shall show what. —
Every plat hereafter constructed, which is authorized or required by law to be recorded, or intended to form part of any proceedings for the partition of real estate, shall be drawn to a scale, the scale to be noted on the plat, have written on its face as its title, and show the block, section, United States survey, or part thereof, it purports to represent. If the land platted be less than a whole block, section, or United States survey, the plat shall be corrected in such manner as to show the position of such land relatively to the remainder of the block, section, or United States survey, as the case may be; and if such land be intersected by a quarter-section, section, or United States survey line, such line shall be indicated on the plat and distinguished by suitable words and figures, and shall be done in such manner that the precise location of the land purported to be platted can be determined on inspecting the plat; provided, however, that the provisions of this section shall not apply to any plat issued by authority of the United States, or the state of Missouri.
­­--------
(RSMo 1939 § 12808)
Prior revisions: 1929 § 11184; 1919 § 9286; 1909 § 10293
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.030 - Plat to be acknowledged and recorded — acceptance by city.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1943
445.030. Plat to be acknowledged and recorded — acceptance by city. —
Such map or plat shall be acknowledged by the proprietor before some official authorized by law to take acknowledgments of conveyances of real estate, and recorded in the office of the recorder of deeds of the county in which the land platted is situated; provided, however, that if such map or plat be of land situated within the corporate limits of any incorporated city, town or village, it shall not be placed of record until it shall have been submitted to and approved by the common council of such city, town or village, by ordinance, duly passed and approved by the mayor, and such approval endorsed upon such map or plat under the hand of the clerk and the seal of such city, town, or village; nor until all taxes against the same shall have been paid; and before approving such plat, the common council may, in its discretion, require such changes or alterations thereon as may be found necessary to make such map or plat conform to any zoning or street development plan which may have been adopted or appear desirable, and to the requirements of the duly enacted ordinances of such city, town or village, appertaining to the laying out and platting of subdivisions of land within their corporate limits.
­­--------
(RSMo 1939 § 12805, A.L. 1943 p. 830)
Prior revisions: 1929 § 11181; 1919 § 9284; 1909 § 10291
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.040 - Duty of recorder when plat delivered — certified copies to be evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.040. Duty of recorder when plat delivered — certified copies to be evidence. —
1. It shall also be the duty of the recorder to record all plats delivered to him for record, in a book to be called a "plat book", and, when necessary to preserve uniformity, he shall reduce the scale of the original plat, and on each copy so made he shall endorse the following certificate under his hand:
"This plat is truly copied from the original. (Signed)______, recorder."
2. Copies of the record of plats from said plat book, properly certified under the hand and official seal of the recorder, shall be evidence in all courts of justice.
­­--------
(RSMo 1939 § 12807)
Prior revisions: 1929 § 11183; 1919 § 9285; 1909 § 10292
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.050 - When new county established or county lines changed, plat to be recorded, where.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.050. When new county established or county lines changed, plat to be recorded, where. —
When any such maps or plats shall be recorded, and by reason of the establishment of any new county, or the alteration of any new county lines, the city, town or village shall fall within a different county, such recorder shall transmit a certified copy of such plat or map to the recorder of the county, within which such city, town or village may be situated.
­­--------
(RSMo 1939 § 12812)
Prior revisions: 1929 § 11188; 1919 § 9290; 1909 § 10297
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.060 - Legalizing any plat of city or town, or addition or subdivision, after having been recorded for ten years — to be received in all courts of state.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.060. Legalizing any plat of city or town, or addition or subdivision, after having been recorded for ten years — to be received in all courts of state. —
Any recorded plat or plan of any town or city, and of any addition thereto or subdivision thereof, or/and any recorded survey or plat or plan of any town or city and of any addition thereto or subdivision thereof or part of same made by the county surveyor of the county in which said town, city, addition or subdivision is located, which was not properly or fully made, certified or executed or was not properly or fully acknowledged, according to law, at the time of the making, certifying, executing or acknowledgment of same, according to law, but which shows or describes the real estate correctly or in such a manner that the lines of same may or can be laid or located from such plat, plan or survey upon the ground, and has been recorded in the recorder's office or in the records of the surveyor's office of the county in which the law directs it shall be recorded, for ten years, shall have the same force and effect as though properly and fully made, certified, executed or acknowledged, according to law, and shall be received in evidence in all courts of the state, in any cause, and shall be prima facie evidence of the correctness of same and of the showing thereof.
­­--------
(RSMo 1939 § 12806)
Prior revision: 1929 § 11182