R643-882-100. Scope

The rules under R643-882 authorize reclamation on private land and establish procedures for recovery of the cost of reclamation activities conducted on privately owned land by the Division.

120. Appraisals.

121. A notarized appraisal of the fair market value of private land to be reclaimed which may be subject to a lien under R643-882-130 will be obtained from an independent appraiser.

122. A notarized appraisal of all land reclaimed which was appraised under R643-882-121 will also be obtained from an independent appraiser. The appraisal will state the market value of the land as reclaimed. Where reclamation will require more than six months to complete, the appraisal will not be started until actual completion of reclamation activities.

123. The landowner upon whose property a lien is filed is to be provided with a statement of the increase in market value, an itemized statement of reclamation expenses, and a notice that a lien is being or has been filed in accordance with R643-882-130.

130. Liens.

131. The Division has the discretionary authority to place or waive a lien against land reclaimed if the reclamation results in a significant increase in the fair market value based on the appraisals obtained under R643-882-120; however,

131.100. A lien will 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.

131.200. The basis for making a determination of what constitutes a significant increase in market value or what factual situation constitutes a waiver of lien will be made by the Division.

132. The lien may be waived by the Division 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 the 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.

133. If a lien is to be filed, the Division will, within six months after the completion of the reclamation work, file a statement in the office of the County Recorder in which the land is located. Such statement will consist of an account of moneys expended for the reclamation work, together with notarized copies of the appraisals obtained under R643-882-120. The amount reported to be the increase in value of the property will constitute the lien to be recorded and will have priority as a lien second only to the lien of real estate taxes imposed upon the land.

134. Within 60 days after the lien is filed the landowner may petition under local law 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 local law.

140. Satisfaction of Liens.

141. A lien placed on private property will be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion will remain as a lien on the property.

142. The Division will maintain or renew the lien from time to time as may be required under state or local law.

143. Moneys derived from the satisfaction of liens established under R643-882 will be deposited in the Abandoned Mine Reclamation Account.