§ 45.2-1037 — Perfection of lien; waiver of lien

Virginia § 45.2-1037

• 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

A. The Director shall perfect the lien given under the provisions of § 45.2-1036 by filing, within six months after completion of the reclamation, in the clerk's office of the court of the county or city in which the land or any part thereof is located, a statement consisting of the name of the owner of record of the property sought to be charged; an itemized account of moneys expended for the reclamation work; notarized copies of appraisals, made by an independent appraiser, of the fair market value of the land both before and upon completion of the reclamation work; and a brief description of the property to which the lien attaches.

B. The Director shall waive a lien if he determines that the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation or that the reclamation primarily benefits health, safety, or environmental values of the community or area in which the land is located. If reclamation is necessitated by an unforeseen occurrence, the Director shall waive a lien if he determines that the reclamation will not result in a significant increase in the market value of the land.

Legislative History

1979, c. 290, § 45.1-265; 2021, Sp. Sess. I, c. 387.