16 Tex. Admin. Code § 12.815 - Appraisals

(a) A notarized appraisal of the fair market value of private land to be reclaimed shall be obtained from an independent professional appraiser except as noted in subsection (d) of this section. Such appraisal shall meet the quality of appraisal practices found in the Uniform Appraisal Standards for Federal Land Acquisitions. The appraisal shall be obtained before any reclamation activities are started, unless the work must start without delay to abate an emergency. The appraisal shall state the estimated fair market value of the land as adversely affected by past mining and the estimated fair market value of the property as reclaimed. Where an emergency exists the appraisal shall be completed at the earliest practical time and before related nonemergency work is commenced.

(b) An appraisal of the fair market value of all land reclaimed shall be obtained after all reclamation activities have been completed. The appraisal shall comply with subsection (a) of this section and shall state the market value of the land reclaimed.

(c) The landowner shall receive a statement of the increase in market value, an itemized statement of reclamation expenses, and notices that a lien will or will not be filed against the property.

(d) Appraisals for privately owned land described in § 12.816 of this title (relating to Liens) may be obtained from either an independent or staff professional appraiser.

Notes

16 Tex. Admin. Code § 12.815

The provisions of this §12.815 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective August 17, 1999, 24 TexReg 6283; Amended by Texas Register, Volume 44, Number 49, December 6, 2019, TexReg 7534, eff. 12/9/2019