Senator Puckett's Richmond Report
3.12.2012After nine long weeks in Richmond, the 2012 General Assembly has concluded its legislative session. As a follow up to last week's report, I would like to provide an update on House Bill 710. Last Wednesday, a substitute measure to the original bill was introduced on the Senate floor. Because the new bill version protects landowners' rights, including the ability to file an injunction against a coal company in court, I voted for the measure.
The substitute version of House Bill 710 has the following language (underline has been added to the relevant section regarding a landowners' right to go to court):
"Any such shell, container chamber, passage, space, or void opened underground that is located in a sealed mine for which a mining permit no longer exists may be used consistent with state and federal regulations for any activity related to removal of coal from any lands for which a permit to mine coal has been approved only with the consent of the owner of such shell, container chamber, passage, space, or void. Such consent shall not be unreasonably withheld if the owner has been offered reasonable compensation for such use. In determining whether an offer of compensation is reasonable, a court shall be guided by the compensation set forth in other leases for the use of mine voids as is customary in the area."
My concern with the bill in its original state was that it would negatively impact a landowners' right to determine what could or could not be done to their property. I argued in the Senate Agriculture Committee against this bill for this very reason. I was prepared to do the same on the Senate floor. However, I am pleased that the coal industry and its representatives in Richmond listened to my concerns and those of many of my constituents.
I feel that this substitute bill eliminates those concerns. Specifically, the substitute bill states that the coal company must, in good faith, negotiate with the land owners to determine just and proper compensation. If the negotiations do not reach a fair outcome, then the landowner maintains the right to file an injunction and go to court. At that point, the judge can determine the just compensation for the landowner. Thus, just as important to protect landowners' rights, the bill maintains our judicial and legal process.
If you have any questions about this legislation or any other matters, please do not hesitate to contact me. My office can be reached at (276) 979-8181 or at district38@senate.virginia.gov.
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