§1238 Liens

Summary

When damaged private land is fixed for problems from past coal mining, the federal government or an approved State program must list the money spent within six months. They can file a statement in the county office that records judgments, and include a notarized independent appraisal of the land’s value before the work if the spending made the land worth much more. That filing creates a claim (a lien) on the land, but only up to the amount the appraisal says the market value went up. No lien may be filed on the property of someone who did not consent to, take part in, or control the mining that caused the damage. The landowner has 60 days after the filing to ask the local court or agency to decide how much the land’s value increased. The amount decided becomes the lien and is recorded. The lien is dated from when the money was spent and ranks just behind property tax liens.