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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 444

Effective - 28 Aug 1979 bottom

  444.930.  Liens for corrective measures — amount, filing, valuation — appeals, priority of liens. — 1.  Within six months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the commission shall itemize the moneys so expended and may file a statement thereof in the recorder of deeds office in the county in which the land lies, 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 coal mining practices if the moneys so expended shall result in a significant increase in property value.  Such statement shall constitute a lien upon the said land.  The lien shall not exceed the amount determined by the appraisal to be 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.  No lien shall be filed against the property of any person, in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.

  2.  The landowner may, within sixty days of the filing of the lien, request a hearing before the commission 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 reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided.  Any party aggrieved by the decision may appeal as provided by law.

  3.  The lien provided in this section shall be entered in the office of the recorder of deeds in the county in which the land lies.  Such statement shall constitute a lien upon the said land as of the date of the expenditures of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land.

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(L. 1979 H.B. 459)


---- end of effective   28 Aug 1979 ----

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