207.23 - LIENS.
207.23 LIENS.
1. Within six months after the completion of a project to
restore, reclaim, abate, control, or prevent adverse effects of past
coal mining practices on privately owned land, the division shall
itemize the money expended on the project and may file a lien
statement in the manner provided in section 572.8 in the office of
the district court clerk of each county in which a portion of the
property affected by the project is located, together with a
notarized appraisal by an independent appraiser of the value of the
land before the restoration, reclamation, abatement, control, or
prevention of adverse effects of past mining practices if the money
so expended results in a significant increase in property value. A
copy of the lien statement and the appraisal, if required, shall be
served upon affected property owners in the manner provided for
service of an original notice. The lien shall not exceed the amount
determined by the appraiser to be the increase in the market value of
the land as a result of the restoration, reclamation, abatement,
control, or prevention of adverse effects of past coal mining
practices. A lien shall not be filed in accordance with this
subsection against the property of a person who owned the surface
prior to May 2, 1977, and who neither consented to, participated in,
nor exercised control over the mining operation which necessitated
the reclamation performed.
2. The owner of property to which the lien attaches may petition
the court within sixty days after receipt of service of the lien
statement, to determine the increase in the market value of the land
as a result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices. The
amount found to be the increase in value of the property shall
constitute the amount of the lien and shall be recorded in the office
of the district court in each county in which the owner's property is
located. A party aggrieved by the decision may appeal as provided by
law.
3. The lien provided in this section has priority over all other
liens or security interests which have attached to the property,
whenever those liens may have arisen, except liens of real estate
taxes imposed upon the property. Section History: Early Form
[C81, § 83.23] Section History: Recent Form
C93, § 207.23
97 Acts, ch 115, § 3, 4