(a) In addition to the powers authorized to the commissioner under § 59-8-326, the commissioner may expend monies from the Tennessee surface mine reclamation fund, created by § 59-8-326, for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of surface coal mining practices, on eligible lands, if the commissioner finds 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 effect of surface coal mining practices.
(b)
(1) The commissioner may enter upon any land where an emergency as described in subsection (a) exists, and upon any other land, to have access to the land where the emergency exists; to restore, reclaim, abate, control, or prevent the adverse effects of surface coal mining practices; and to do all things necessary to protect the public health, safety, or general welfare.
(2) An entry made under this subsection (b) is an exercise of the police power, and is not an act of condemnation of property nor of trespass.
(3) The money expended for the commissioner's work and the benefits accruing to the land shall mitigate or offset any claim in or any action brought by any owner of any interest in the land for alleged damages by virtue of the entry. This subdivision (b)(3) does not create new rights of action or eliminate existing immunities.
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