- (a) A notarized appraisal of the fair market value of private land to be reclaimed shall be obtained from an independent professional appraiser, with exceptions as noted in subsection (d) of this section. Such appraisal shall meet the quality of appraisal practices found in the handbook on Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1973). The appraisal shall be obtained before any reclamation activities are started, unless the work must start without delay to abate an emergency. Where an emergency exists the appraisal shall be completed at the earliest practical time and before related nonemergency work is commenced. The appraisal shall state the fair market value of the land as adversely affected by past mining.
- (b) An appraisal of the fair market value of all land reclaimed shall be obtained after all reclamation activities have been completed. The appraisal shall be obtained in accordance with subsection (a) of this section and shall state the market value of the land reclaimed.
- (c) The landowner shall receive a statement of the increase in market value, an itemized statement of reclamation expenses and notices that a lien will or will not be filed against the property.
- (d) Appraisals for privately owned land which fall under §12.816 of this title (relating to Liens) may be obtained from either an independent or staff professional appraiser.
Source Note:The provisions of this §12.815 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective August 17, 1999, 24 TexReg 6283.