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350.575 Lien for reclamation.
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Within six (6) months after the completion of projects to restore, reclaim, abate,
control, or prevent adverse effects of past coal mining practices on privately
owned land, the cabinet shall itemize the moneys so expended and may file a
statement thereof in the office of the county in which the land lies which has the
responsibility under local law for the recording of judgments against land,
together with a notarized appraisal by an independent appraiser of the value of
the land before the restoration, reclamation, abatement, control, or prevention
of adverse effects of past coal mining practices if the moneys so expended
shall result in a significant increase in property value. Such statement shall
constitute a lien upon the said land. The lien shall not exceed the amount
determined by the appraisal to be the increase in the market value of the land
as a result of the restoration, reclamation, abatement, control, or prevention of
the adverse effects of past coal mining practices. No lien shall be filed against
the property of any person, in accordance with this section, who neither
consented to nor participated in nor exercised control over the mining operation
which necessitated the reclamation performed hereunder. The cabinet may
waive the lien consistent with its regulations.
The landowner may proceed as provided by local law to petition within sixty
(60) days of the filing of the lien, to determine the increase in the market value
of the land as a result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices. The amount
reported to be the increase in value of the premises shall constitute the amount
of the lien and shall be recorded with the statement herein provided. Any party
aggrieved by the decision may appeal as provided by local law.
The lien provided in this section shall be entered in the county office in which
the land lies and which has responsibility under local law for the recording of
judgments against land. Such statement shall constitute a lien upon the said
land as of the date of the expenditure of the moneys and shall have priority as
a lien second only to the lien of real estate taxes imposed upon said land.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 32, sec. 5, effective June 26, 2007. -- Created
1980 Ky. Acts ch. 62, sec. 23.
Legislative Research Commission Note. The provisions of this section became
operative on May 18, 1982, when the conditional approval granted by the United
States Secretary of the Interior appeared in the Federal Register.
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