§ 38-14.2-14 — Liens for reclamation on private lands

North Dakota § 38-14.2-14

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.2: Abandoned Surface Mine Reclamation

Text

1. Within six months after the completion of projects to restore, abate, control, or prevent
adverse effects of past coal mining or noncoal mining practices on privately owned
land, the commission shall itemize the moneys so expended and may file a statement
thereof in the office of the county recorder in the county in which the land is located,
together with notarized appraisals by an independent appraiser of the value of the land
before and after the restoration, reclamation, abatement, control, or prevention of
adverse effects of past coal mining or noncoal mining practices if the moneys so
expended result in a significant increase in property value. Such statement constitutes
a lien upon the land. The lien may not exceed the amount determined by the
appraisals to be the increase in the market value of the land as the result of the
restoration, reclamation, abatement, control, or prevention of the adverse effects of
past coal mining or noncoal mining practices. The lien may be waived by the
commission if:
a. The cost of filing the lien, including indirect costs, exceeds the increase in the fair
market value of the land as the result of reclamation activities;
b. 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
c. The reclamation work performed 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.
2. No lien may 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.
3. The landowner may petition the commission for a hearing within sixty days of the filing
of the lien to determine the increase in the market value of the land as the result of the
restoration, reclamation, abatement, control, or prevention of the adverse effects of
past coal mining or noncoal mining practices. The amount determined to be the
increase in value of the premises constitutes the amount of the lien and must be
recorded with the statement herein provided. The hearing must be conducted pursuant
to chapter 28-32.
4. Any statement filed pursuant to this section constitutes a lien upon the land as of the
date of the expenditure of the moneys and has priority as a lien second only to the lien
of real estate taxes imposed upon the land.
5. The commission may bring an action to enforce the lien in the district court of the
county in which the land is located. Any number of persons claiming liens against the
same property may join in the action and when separate actions are commenced, the
court may consolidate them. Before the lien may be enforced, written notice of
intention to enforce the lien must be given by personal service upon the record owner
of the land affected at least ten days before an action to enforce the lien is
commenced, or by certified mail directed to the owner's last-known address at least
twenty days before the action is commenced. The land affected may not be sold for
less than the fair market value of the land after the restoration, reclamation,
abatement, control, or prevention of adverse effects of past coal mining or noncoal
mining practices. No deficiency judgment may issue against the record owner of the
land affected if the proceeds from the sale are insufficient to satisfy the total amount of
the lien on the land.