(a) The Commission shall place a lien against land reclaimed if the reclamation results in an increase in the fair market value based on the pre- and post-reclamation appraisals.
- (1) 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.
- (2) The Commission may waive the lien if the cost of filing it, including indirect costs, exceeds the increase in fair market value as a result of reclamation activities.
- (3) The lien may be waived if the reclamation work performed on private land primarily benefits 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.
- (b) If a lien is to be filed, the Commission shall, within 6 months after completion of the reclamation work, file a statement in the County Clerk's office for the lands to be liened. Such statement shall consist of an account of moneys expended for the reclamation work, together with notarized copies of the appraisals obtained. The amount reported to be the increase in value of the property shall constitute the amount of the lien recorded and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.
- (c) Within 60 days after the lien is filed the landowner may petition under the APA to determine the increase in market value of the land as a result of reclamation work. Any aggrieved party may appeal in the manner provided by the APA.
Source Note:The provisions of this §12.816 adopted to be effective April 7, 1997, 22 TexReg 3093.