Iowa § 207.23 Liens

Iowa Statutes

§ 207.23 — Liens

Iowa § 207.23

Title VAGRICULTURE

Ch. 207COAL MINING

This text of Iowa § 207.23 (Liens) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 207.23 (2026).

Text

1.Within six months after the completion of a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the division shall itemize the money expended on the project and may file a lien statement in the office of thedistrictcourtclerkofeachcountyinwhichaportionofthepropertyaffectedbytheproject is located, 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 mining practices if the money so expended results in a significant increase in property value. A copy of the lien statement and the appraisal, if required, shall be served upon affected property owners in the manner provided for service

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1. Within six months after the completion of a project to restore, reclaim, abate, control,
or prevent adverse effects of past coal mining practices on privately owned land, the division

shall itemize the money expended on the project and may file a lien statement in the office of
thedistrictcourtclerkofeachcountyinwhichaportionofthepropertyaffectedbytheproject
is located, 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 mining practices if the money so expended results in a significant increase in
property value. A copy of the lien statement and the appraisal, if required, shall be served
upon affected property owners in the manner provided for service of an original notice. The
lien shall not exceed the amount determined by the appraiser to be the increase in the market
value of the land as a result of the restoration, reclamation, abatement, control, or prevention
of adverse effects of past coal mining practices. A lien shall not be filed in accordance with
this subsection against the property of a person who neither consented to, participated in, nor
exercised control over the mining operation which necessitated the reclamation performed.
2. The owner of property to which the lien attaches may petition the court within sixty
days after receipt of service of the lien statement, 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 found to be the increase
in value of the property shall constitute the amount of the lien and shall be recorded in the
office of the district court in each county in which the owner’s property is located. A party
aggrieved by the decision may appeal as provided by law.
3. The lien provided in this section has priority over all other liens or security interests
which have attached to the property, whenever those liens may have arisen, except liens of
real estate taxes imposed upon the property.