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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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