Indiana § 14-34-19-12 Liens

Indiana Statutes

§ 14-34-19-12 — Liens

Indiana·Art. 34 SURFACE COAL MINING AND RECLAMATION·Ch. 19 Abandoned Mines

(a)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 director:

(1)shall itemize the money expended; and

(2)if a lien reveals an increase in the property value of at least twenty-five thousand dollars ($25,000) per landowner per project, may, subject to subsection (b), have an independent appraisal conducted. A statement may be filed with the county recorder in the county in which the land lies 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 money expended results in a significant increase in prop

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(a) 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 director:
(1) shall itemize the money expended; and
(2) if a lien reveals an increase in the property value of at least
twenty-five thousand dollars ($25,000) per landowner per project,
may, subject to subsection (b), have an independent appraisal
conducted. A statement may be filed with the county recorder in
the county in which the land lies 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
money expended results in a significant increase in property
value. The statement constitutes a lien upon the land. The lien
may 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.
(b) A lien may not be filed against the property of a person under
subsection (a) who did not:
(1) consent to;
(2) participate in; or
(3) exercise control over;
the mining operation that necessitated the reclamation work performed
under this chapter.
(c) The landowner may 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 constitutes
the amount of the lien and shall be recorded with the statement filed
under subsection (a). A party aggrieved by the decision may appeal as
provided by law.
(d) The director shall record the lien with the county recorder in the
county in which the land is located. The statement:
(1) constitutes a lien upon the land as of the date of the
expenditure of the money; and
(2) has priority as a lien second only to the lien of real estate taxes
imposed upon the land.
[Pre-1995 Recodification Citation: 13-4.1-15-12.]