PURPOSE: This rule sets forth requirements concerning reclamation done on private lands pursuant to sections 444.810, 444.930 and 444.940, RSMo (1986).

1. (1) Reclamation activities may be carried out on private land if a consent to enter is obtained under 10 CSR 40-9.030(1), or if entry is required and made under 10 CSR 40- 9.030(3) or 10 CSR 40-9.030(4).

2. (2) Appraisals.

   1. (A) A notarized appraisal of private land to be reclaimed which may be subject to a lien under subsection (3)(A) of this rule shall be obtained from an independent appraiser. The appraisal shall state—

      1. 1. The estimated market value of the

property in its unreclaimed condition; and

1. 2. The estimated market value of the

property as reclaimed.

1. (B) This appraisal shall be made prior to start of reclamation activities. The commission shall furnish to the appraiser information of sufficient detail in the form of plans, factual data, specifications, etc. to make these appraisals. When reclamation requires more than six (6) months to complete, an updated appraisal under paragraph (2)(A)2. shall be made to determine if the increase in value as originally appraised has actually occurred. This updated appraisal shall not include any increase in value of the land as unreclaimed. If the updated appraisal value results in lower increase in value, this increase shall be used as a basis for the lien. However, an increase in value resulting from the updated appraisal shall not be considered in determining a lien. The commission shall provide appraisal stan- 10 CSR 40-9

dards for projects consistent with generally acceptable appraisal practice.

1. (3) Liens.

   1. (A) The commission has the discretionary authority to place or waive a lien against land reclaimed if the reclamation results in a significant increase in the fair market value.

      1. 1. The basis for making a determination

of what constitutes a significant increase in market value or what factual situation constitutes a waiver of lien will be made by the commission pursuant to section 444.930, RSMo (1986) and consistent with state laws governing liens.

1. 2. A lien shall not be placed against the

property of a surface owner who acquired title prior to May 2, 1977 and who did not consent to, participate in or exercise control over the mining operation which necessitated the reclamation work;

1. 3. The lien may be waived by the com-

mission if the cost of filing it, including indirect costs to the state exceeds the increase in fair market value as a result of reclamation activities.

1. 4. The lien may be waived by the com-

mission if findings made prior to construction indicate that the reclamation work performed on private land shall primarily benefit health, safety or environmental values of the greater community or area in which the land is located, or if reclamation is necessitated by an unforeseen occurrence and the work performed to restore that land will not result in a significant increase in the market value of the land as it existed immediately before the occurrence;

1. (B) If a lien is to be filed, the commission, within six (6) months after completion of the reclamation work, shall file a statement in the office having responsibility under applicable law for recording judgments and placing liens against land. This statement shall consist of notarized copies of the appraisals obtained under section (2) of this rule and may include an account of moneys expended for reclamation work. The amount reported to be the increase in value of the property shall constitute the amount of the lien recorded in and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land. The lien shall be recorded in compliance with existing federal and state laws; provided, however, that prior to the time of the actual filing of the proposed lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to prepay that amount instead of allowing the lien to be filed against the property involved.
2. (C) Within sixty (60) days after the lien is filed, the landowner may request a hearing before the commission to determine the increase in the market value as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices. The increase in value shall constitute the amount of the lien and shall be recorded with the statement filed under subsection (3)(B) of this rule. Any party aggrieved by the decision may appeal as provided by law.

1. (4) Satisfaction of Liens.

   1. (A) A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property.
   2. (B) The commission shall maintain or renew the lien from time to time as may be required under state law.
   3. (C) Monies derived from the satisfaction of liens established under this part shall be deposited in the abandoned mine reclamation fund.

AUTHORITY: section 444.810, RSMo 1994.* Original rule filed June 11, 1981, effective Oct. 13, 1981. Amended: Filed March 18, 1987, effective June 25, 1987. *Original authority 1979, amended 1983, 1993.