§ 45.2-1036 — Commonwealth to have lien for reclamation work

Virginia § 45.2-1036

• Jurisdiction: Virginia
• Title 45.2: Mines, Minerals, and Energy
• Subtitle II: Coal Mining
• Ch. 10: Virginia Coal Surface Mining Control and Reclamation Act of 1979
• Art. 4: Abandoned Mine Reclamation
• Part C: Surface Coal Mines

Text

The Commonwealth shall have a lien, if perfected as provided in § 45.2-1037, on land reclaimed by the Director pursuant to this article for the amount of the increase in the appraised market value of the land resulting from the reclamation. However, no such lien shall attach to or be filed against the property of any person who owned the surface of the land prior to May 2, 1977, and who did not consent to, participate in, or exercise control over the mining operation that necessitated the reclamation performed under this article. Nor shall any such lien attach to or be filed against any property if the Director waives the lien as provided in § 45.2-1037.

Legislative History

1979, c. 290, § 45.1-264; 2021, Sp. Sess. I, c. 387.