SECTION 12.564. Subsidence Control: Surface-Owner Protection

(a) Each person who conducts underground mining activities shall adopt all measures approved by the Commission under §12.194 of this title (relating to Subsidence Control Plan) to reduce the likelihood of subsidence, to prevent subsidence-causing material damage or reducing the value or reasonably foreseeable use of surface lands, and to mitigate the effects of any such damage or reduction which may occur.

(b) Each person who conducts underground mining which results in subsidence that causes material damage or reduces the value or reasonably foreseeable use of the surface lands shall, with respect to each surface area affected by subsidence:

(1) restore, rehabilitate, or remove and replace each damaged structure, feature or value promptly after the damage is suffered, to the condition it would be in if no subsidence had occurred, and restore the land to a condition capable of supporting reasonably foreseeable uses it was capable of supporting before subsidence; or

(2) purchase the damaged structure or feature for its fair market, pre-subsidence value, and shall promptly, after subsidence occurs, to the extent technologically and economically feasible, restore the land surface to a condition capable of and appropriate for supporting the purchased structure and other foreseeable uses it was capable of supporting before mining. Nothing in this paragraph shall be deemed to grant or authorize an exercise of the power of condemnation or the right of eminent domain by any person engaged in underground mining activities; or

(c) Each person who conducts underground mining activities will compensate the owner of any surface structure in the full amount of the diminution in value resulting from subsidence, by purchase prior to mining of a noncancellable, premium-prepaid insurance policy, or other means approved by the Commission as assuring before mining begins that payment will occur; indemnify every person with an interest in the surface for all damages suffered as a result of the subsidence; and, to the extent technologically and economically feasible, fully restore the land to a condition capable of maintaining reasonably foreseeable uses which it could support before subsidence.

Source Note: The provisions of this §12.564 adopted to be effective April 7, 1997, 22 TexReg 3093.