1. (a) A lien may be placed by the secretary on land reclaimed if the reclamation results in a significant increase in the fair market value based on the pre- and post-reclamation appraisals, except that the lien may be waived by the secretary or the secretary's designee if at least one of the following conditions is met:

   1. (1) The lien amount would be less than the cost of filing the lien.
   2. (2) The reclamation work primarily improves the health, safety, or condition of the environment of the community or area affected.
   3. (3) The reclamation is necessitated by an unforeseen occurrence, and the work performed to restore the land will not significantly increase the market value of the land as it existed immediately before the occurrence.
2. (b) A lien shall not be placed against land reclaimed if the current owner of the property acquired title before May 2, 1977 and did not consent to, participate in, or exercise control over the mining operation that caused or contributed to the unreclaimed conditions.

3. (c) If a lien is to be filed, within six months after completion of the reclamation work, a statement shall be filed by the secretary in the office having responsibility under applicable law for recording judgments and placing liens against land. The statement shall include the following:

   1. (1) An account of monies expended for the reclamation work; and
   2. (2) a notarized summary of the appraisal report.

4. (d) The increase in the appraised value of the property shall constitute the amount of the lien recorded and shall have priority second only to a real estate tax lien. The landowner shall be afforded the following:

   1. (1) Notified before the time of filing the lien of the amount of the proposed lien; and
   2. (2) allowed a reasonable time to pay that amount in lieu of filing the lien.

(Authorized by K.S.A. 49-405; implementing K.S.A. 49-428; effective May 1, 1983; amended Feb. 11, 1991; amended May 2, 1997; amended July 31, 1998; amended Feb. 15, 2019.)