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RULE §12.816Liens

(a) Not later than six months after the date any projects to reclaim privately owned land are completed, the Commission:

  (1) shall itemize the money spent; and

  (2) may file a statement of the money spent with the clerk of the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of the adverse effects of past mining practices if the money spent will result in a significant increase in property value. However, prior to the time of the actual filing of a lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to repay that amount instead of allowing the lien to be filed against the property involved.

(b) The statement shall be a lien on the land second only to a property tax lien. The amount of the lien shall not exceed the amount determined by either of two appraisals, as provided under §12.815 of this title (relating to Appraisals), to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past mining practices.

(c) A lien shall not be filed under this section against the property of a person who did not consent to, participate in, or exercise control over the mining operation that necessitated the reclamation performed under this chapter.

(d) Not later than the 60th day after the date the lien is filed, an affected landowner may petition the Commission for a hearing on the amount of the lien. The hearing and any appeal shall be conducted pursuant to Chapter 2001, Government Code.

(e) The Commission may waive the lien if:

  (1) the cost of filing it, including indirect costs, exceeds the increase in fair market value as a result of reclamation activities; or

  (2) the reclamation work performed on private land primarily benefits health, safety, and environmental values of the grantee's community or area in which the land is located, or if reclamation is necessitated by an unforeseen occurrence and the work performed to restore the land will not result in a significant increase in the market value of the land as it existed immediately before the occurrence.

Source Note: The provisions of this §12.816 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective November 12, 2007, 32 TexReg 8124; amended to be effective December 9, 2019, 44 TexReg 7534

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