Wyo. Code R. 020-0001-4
Abandoned Mine Reclamation Program
Chapter 4: Liens for Reclamation on Private Lands
Effective Date: 12/15/2009 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0001.4.12152009
(a) In order to determine whether property value has increased from reclamation work, the Director shall obtain an appraisal from an independent professional appraiser before any reclamation activities are started, which states the fair market value of the land as adversely affected by past mining. If work must start because of an emergency, the appraisal shall be completed at the earliest practical time and before non-emergency work is commenced
(b) Where reclamation work will require more that 6 months to complete, the final appraisal shall not be started until actual completion of all reclamation activities. This appraisal shall state the market value of the land as reclaimed.
(c) The landowner is to be provided with a statement of the increase in market value (excluding increases due to normal appreciation which do not result from reclamation), an itemized statement of reclamation expenses, and a notice that a lien will or will not be filed in accordance with Section 2.
(d) The program may use abbreviated appraisal procedures or rely on existing and current independent appraisal information where liens will not apply or where they are waived under Section 2.
(a) Unless waived under (b) below, or prohibited by W.S. 35-11-1206 (West 2009), the Director shall file a lien against the land if the reclamation results in a substantial increase in the land's fair market value based on the appraisals obtained under Section 1.
(b) The Governor may waive the lien if all costs of filing it exceed the fair market value increase, or if the reclamation work primarily benefits health, safety or environmental values of the greater community or area in which the land is located. In addition, the lien may be waived if reclamation is necessitated by an unforeseen occurrence and the reclamation work will not result in a significant increase in the land's fair market value.
(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.
(b) The State shall maintain or renew the lien as required by law. All money received from the satisfaction of liens shall be deposited in the account established by W.S. 35-11-1203 (West 2007).