§ 35-11-1206 — Liens for reclamation on private lands

(a) Within six (6) months after the completion of projects
to restore, reclaim, abate, control or prevent adverse effects
of past coal or mineral mining practices on privately owned
land, the director shall itemize the monies expended and may
file a lien against the property with the appropriate county
clerk. If the monies expended result in a significant increase
in property value, a notarized appraisal by an independent
appraiser shall be filed with the lien. The lien shall be the
amount determined by the appraisal to be the increase in the
fair market value of the land as a result of the restoration,
reclamation, abatement, control or prevention of the adverse
effects of past coal or mineral mining practices. No lien shall
be filed under this section against the property of any person
who neither consented to, participated in, nor exercised control
over the mining operation which necessitated the reclamation
project.
(b) The landowner may petition the district court for the
district in which the majority of the land is located within
sixty (60) days of the filing of the lien to determine the
increase in the fair market value of the land. The amount
reported to be the increase in value of the premises shall
constitute the amount of the lien and shall be recorded with the
lien.
(c) The lien provided in this section shall constitute a
lien upon the land as of the date of the expenditure of the
monies and shall have priority as a lien second only to the lien
of real estate taxes imposed upon the land.