This section lets certain operators enter another person’s land for specified work when required work or compliance orders exist, but entry must be limited, notice must be given, and the work must not unreasonably interfere with property use.
§27. Authorization to enter lands of another A. When the consent of a property owner has not been otherwise obtained, the issuance of a work order or compliance order by the secretary or his agents shall constitute sufficient authorization for the operator, agents of the operator, or persons acting on behalf of the operator to enter the lands of another person, whether or not such operator or persons hold a valid lease regarding such property, for the purposes of conducting site assessments, site restoration, pit closure, plugging and abandonment operations, or any other matter covered by said work order or compliance order issued under the provisions of this Title, or regulations adopted thereunder. The entering of the lands of another under the provisions of this Section shall be subject to the following: (1) The entry shall be limited to areas and times reasonably necessary to perform the operations authorized by this Section. (2) Written notice shall be given by the department or operator of a proposed entry to the last record owner of the property at least three calendar days prior to the entry. (3) The operations authorized by this Section shall not unreasonably interfere with other activities or improvements upon the property. B. An entry in accordance with the provisions of this Section shall not constitute a trespass or unauthorized entry for the purposes of imposition of civil or criminal liability. C. The holder of the work order or compliance order may file an action in a court of competent jurisdiction to obtain an injunction or other appropriate relief in order to comply with the provisions of the work order or compliance order. D. Failure of the holder of the work order or compliance order to seek relief before a court of competent jurisdiction shall not affect that parties' duties and obligations under this Title or the rules, regulations, and orders of the department, nor shall it constitute a defense to any civil penalty issued due to noncompliance with the orders of the secretary. E. Nothing herein shall be deemed to alter, create, or affect any contractual rights or other rights including any claim for damages, between any party or parties. F. No party to whom a work order or compliance order is issued shall be deemed to be a public employee or an agent of the department. G. The department may promulgate rules and regulations to implement the provisions of this Section. Acts 1997, No. 230, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.