30 U.S.C. § 1240

Emergency powers

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(a) The Secretary is authorized to expend moneys from the fund for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of coal mining practices, on eligible lands, if the Secretary makes a finding of fact that—(1) an emergency exists constituting a danger to the public health, safety, or general welfare; and(2) no other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices.(b) The Secretary, his agents, employees, and contractors shall have the right to enter upon any land where the emergency exists and any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or general welfare. Such entry shall be construed as an exercise of the police power and shall not be construed as an act of condemnation of property nor of trespass thereof. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.(Pub. L. 95–87, title IV, § 410, Aug. 3, 1977, 91 Stat. 466.)

Notes of Decisions

Cited in 5 cases, 1980–2000 · leading case: Lois Patterson, Adm'x of the Est. of Gracie Altizer, Deceased Allyne Muncey v. United States, 856 F.2d 670 (4th Cir. 1988).

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Lois Patterson, Adm'x of the Est. of Gracie Altizer, Deceased Allyne Muncey v. United States, 856 F.2d 670 (4th Cir. 1988). · cites it 2× “After Inspector Moore reported in a manner alleged to be negligent to his superiors, it was decided that no emergency situation existed which warranted the expenditure of funds under 30 U.S.C. § 1240 for emergency abatement of dangerous conditions.”

Pendleton v. United States, 47 Fed. Cl. 480 (Fed. Cl. 2000). “” 30 U.S.C. § 1240 (a). Therefore, federal reclamation projects take place only when "the danger is so imminent that time is not available for normal project contractual and budget procedures.”

Appley Bros. v. United States, 7 F.3d 720 (8th Cir. 1993). “The government argued that the discretionary function applied to the investigator's conduct because the ultimate decision whether to declare an "emergency” or spend money to abate the emergency was discretionary under 30 U.S.C. § 1240 . A panel of the Fourth Circuit rejected…”

Yates v. Island Creek Coal Co., 485 F. Supp. 995 (W.D. Va. 1980). · cites it 3× “§ 1270 (f); or (2) an emergency situation exists upon which the Secretary of the Interior should take action under 30 U.S.C. § 1240 , and since such action has not been taken, then plaintiffs may bring a civil suit against the Secretary to force such action under 30 • U.”

United States v. United Penn Bank, 608 F. Supp. 685 (M.D. Penn. 1984). “The Act also contemplates that an aggrieved owner of any interest in such premises shall proceed by filing a claim for damages by virtue of the government’s entry [ 30 U.S.C. § 1240 (b)]. These provisions provide the remedies for claims arising from the government’s activities…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.