16 Tex. Admin. Code § 12.816 - Liens
(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.
Notes
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