§ 1238. — Liens.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1238]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER IV--ABANDONED MINE RECLAMATIONS
Sec. 1238. Liens
(a) Filing of statement and appraisal
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 Secretary or the State, pursuant
to an approved State program, shall itemize the moneys so expended and
may file a statement thereof in the office of the county in which the
land lies which has the responsibility under local law for the recording
of judgments against land, 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.
(b) Petition
The landowner may proceed as provided by local law to petition
within sixty days of the filing of the lien, 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 local law.
(c) Recordation
The lien provided in this section shall be entered in the county
office in which the land lies and which has responsibility under local
law for the recording of judgments against land. Such statement shall
constitute a lien upon the said land as of the date of the expenditure
of the moneys and shall have priority as a lien second only to the lien
of real estate taxes imposed upon said land.
(Pub. L. 95-87, title IV, Sec. 408, Aug. 3, 1977, 91 Stat. 465.)
Section Referred to in Other Sections
This section is referred to in section 1240a of this title.
