§1238 Liens

Summary

After work to fix damage from past coal mining on private land is finished, within six months the Secretary or the State must list the money spent and can file a claim in the county office that keeps land records. If the work makes the land worth a lot more, the filing should include a notarized independent appraisal of the land’s value before the work. The claim becomes a lien on the land but cannot be more than the amount the appraisal shows the value went up. No lien may be filed against someone who did not consent to, take part in, or control the mining. The landowner has 60 days after the lien is filed to ask the local court or office to decide how much the value increased. The decided amount becomes the lien and is recorded. The lien is treated as starting on the date the money was spent and ranks just after property tax liens. Anyone unhappy with the decision may appeal under local law.