444.930. Liens for corrective measures--amount, filing, valuation--appeals, priority of liens.
Liens for corrective measures--amount, filing, valuation--appeals,priority of liens.
444.930. 1. Within six months after the completion ofprojects to restore, reclaim, abate, control, or prevent adverseeffects of past coal mining practices on privately owned land,the commission shall itemize the moneys so expended and may filea statement thereof in the recorder of deeds office in the countyin which the land lies, together with a notarized appraisal by anindependent appraiser of the value of the land before therestoration, reclamation, abatement, control, or prevention ofadverse effects of past coal mining practices if the moneys soexpended shall result in a significant increase in propertyvalue. Such statement shall constitute a lien upon the saidland. The lien shall not exceed the amount determined by theappraisal to be the increase in the market value of the land as aresult of the restoration, reclamation, abatement, control, orprevention of the adverse effects of past coal mining practices.No lien shall be filed against the property of any person, inaccordance with this subsection, who owned the surface prior toMay 2, 1977, and who neither consented to nor participated in norexercised control over the mining operation which necessitatedthe reclamation performed hereunder.
2. The landowner may, within sixty days of the filing of thelien, request a hearing before the commission to determine theincrease in the market value of the land as a result of therestoration, reclamation, abatement, control, or prevention ofthe adverse effects of past coal mining practices. The amountreported to be the increase in value of the premises shallconstitute the amount of the lien and shall be recorded with thestatement herein provided. Any party aggrieved by the decisionmay appeal as provided by law.
3. The lien provided in this section shall be entered in theoffice of the recorder of deeds in the county in which the landlies. Such statement shall constitute a lien upon the said landas of the date of the expenditures of the moneys and shall havepriority as a lien second only to the lien of real estate taxesimposed upon said land.
(L. 1979 H.B. 459)