Kan. Admin. Regs. § 47-16-6 - Liens
(a) A lien may be
placed by the secretary on land reclaimed if the reclamation results in a
significant increase in the fair market value based on the pre- and
post-reclamation appraisals, except that the lien may be waived by the
secretary or the secretary's desig-nee if at least one of the following
conditions is met:
(1) The lien amount would
be less than the cost of filing the lien.
(2) The reclamation work primarily improves
the health, safety, or condition of the environment of the community or area
affected.
(3) The reclamation is
necessitated by an unforeseen occurrence, and the work performed to restore the
land will not significantly increase the market value of the land as it existed
immediately before the occurrence.
(b) A lien shall not be placed against land
reclaimed if the current owner of the property acquired title before May 2,
1977 and did not consent to, participate in, or exercise control over the
mining operation that caused or contributed to the unreclaimed
conditions.
(c) If a lien is to be
filed, within six months after completion of the reclamation work, a statement
shall be filed by the secretary in the office having responsibility under
applicable law for recording judgments and placing liens against land. The
statement shall include the following:
(1) An
account of monies expended for the reclamation work; and
(2) a notarized summary of the appraisal
report.
(d) The increase
in the appraised value of the property shall constitute the amount of the lien
recorded and shall have priority second only to a real estate tax lien. The
landowner shall be afforded the following:
(1)
Notified before the time of filing the lien of the amount of the proposed lien;
and
(2) allowed a reasonable time
to pay that amount in lieu of filing the lien.
Notes
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