§1238 Liens

Summary

When work to fix damage from old coal mining on private land is finished, the federal Secretary or an approved State must list the money spent within six months and may file a statement in the county office that keeps land records. If the spending makes the property worth a lot more, the filing must include a notarized appraisal by an independent appraiser showing the land’s value before the work. That filing becomes a lien on the land, but the lien cannot be more than the increase in market value caused by the work. No lien can be placed on property of someone who did not consent to, take part in, or control the mining that caused the damage. The landowner can ask the local court or office within sixty days after the lien is filed to decide how much the property value went up. The amount the court decides becomes the lien and is recorded, and unhappy parties may appeal under local law. The lien is entered in the county records as of the date the money was spent and ranks right after real estate tax liens.