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2004 SESSION

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SB 549 Big Sandy River watershed; provisions for removing obstructions.

Introduced by: Phillip P. Puckett | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Big Sandy River. Allows any locality located within the Big Sandy River watershed to remove any obstructions dumped, placed, or put in tributaries of the Big Sandy River that might endanger public health or safety, provided that the owner of the property is given reasonable notice and a reasonable time to remove the obstruction. The locality may recover the costs for the removal of the obstruction from the owner of the property. This bill allows localities located within the Big Sandy River watershed to enforce the provisions of the bill and allows courts to award costs and expenses, including reasonable attorneys' fees, to the prevailing party. The bill contains an exemption for those activities that are conducted pursuant to a permit issued by a state agency.


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