1. Before initiating a reclamation project, the division shall obtain a notarized appraisal by an independent appraiser of the value of the land before the project. Within six months after the completion of a project, the division shall itemize the money expended on the project, obtain another appraisal and shall file a lien statement in the manner provided in section 572.8, together with the notarized appraisals, in the office of the district court clerk of each county in which a portion of the property affected by the project is located. A copy of the lien statement and the appraisal shall be served upon affected property owners in the manner provided for service of an original notice. The lien shall not exceed the amount determined by the appraiser to be the increase in the market value of the land. A lien shall not be filed in accordance with this subsection against the property of a person, who owned the surface prior to May 2, 1977, and who neither consented to, participated in nor exercised control over the mining operation which necessitated the reclamation performed.
2. The owner of property to which the lien attaches may petition the court within sixty days after receipt of service of the lien statement, to determine 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 coal mining practices. The amount found to be the increase in value of the property shall constitute the amount of the lien and shall be recorded in the office of the district court in each county in which the owner's property is located. A party aggrieved by the decision may appeal as provided by law.
3. The lien provided in this section has priority over all other liens or security interests which have attached to the property, whenever those liens may have arisen, except liens of real estate taxes imposed upon the property.
4. The division shall report to the general assembly annually on operations under this program should the division participate in this program.
5. The division shall have the power and authority to engage in any work and to do all things necessary or expedient, including promulgation of rules, to implement and administer the provisions of an abandoned mine reclamation program.
[C81, § 83.23]
C93, § 207.23
Iowa General Assembly
Search: Iowa Code 1997
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