Virginia § 45.2-1216 Perfection of lien; waiver of lien

Virginia Statutes

§ 45.2-1216 — Perfection of lien; waiver of lien

Virginia § 45.2-1216

JurisdictionVirginia

Title 45.2Mines, Minerals, and Energy

Subtitle IIIMineral Mines

Ch. 12Permits for Certain Mining Operations; Reclamation of Land

Art. 2Regulation of Mining Activity

Part AMineral Mines Generally

This text of Virginia § 45.2-1216 (Perfection of lien; waiver of lien) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 45.2-1216 (2026).

Text

A.Except as provided in subsection B, the Director shall perfect the lien given under the provisions of § 45.2-1215 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 names of all owners 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 (i) the direct and indirect costs of filing such lien exceed

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A. Except as provided in subsection B, the Director shall perfect the lien given under the provisions of § 45.2-1215 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 names of all owners 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 (i) the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation or (ii) if reclamation is necessitated by an unforeseen occurrence, the reclamation will not result in a significant increase in the fair market value of the land.