Section 53-9-83 - Lease of state coal deposits(1) This section applies where coal owned by the state under land, the surface rights to which are owned by a surface owner as defined in this section, is to be mined by methods other than underground mining techniques.(2) The state shall not enter into any lease of state coal deposits until the surface owner has given written consent to enter and commence surface coal mining and reclamation operations and the commission has obtained evidence of that consent. Written consent given by any surface owner before July 1, 1979, shall be deemed sufficient for the purposes of complying with this section.(3) In order to minimize disturbance to surface owners from surface coal mining of state coal deposits and to assist in the preparation of comprehensive land-use plans, the state geologist shall consult with any surface owner whose land is proposed to be included in a leasing tract and shall ask the surface owner to declare a preference for or against the offering of the deposit under this land for lease. The state shall, in its discretion but to the maximum extent practicable, refrain from leasing coal deposits for development by methods other than underground mining techniques in those areas where a significant number of surface owners have declared a preference against the offering of the deposits for lease.(4) For the purpose of this section, "surface owner" means the natural person or persons, or corporation, the majority stock of which is held by a person or persons who meet the other requirements of this section, who: (a) Hold legal or equitable title to the land surface;(b) Have their principal place of residence on the land or are personally conducting farming or ranching operations upon a farm or ranch unit which is to be affected by surface coal mining and reclamation operations, or receive directly a significant portion of their income, if any, from those farming or ranching operations; and(c) Have met the conditions of paragraphs (a) and (b) for at least three (3) years before granting consent. In computing the three-year period, the commission may include periods during which title was owned by a relative of that person by blood or marriage during which period the relative would have met the requirements of this subsection.
(5) Nothing in this section shall be construed as increasing or diminishing any property rights held by the state or by any other landowner.Laws, 1979, ch. 477, § 38; Laws, 1997, ch. 306, § 39, eff. 3/10/1997.