La. Admin. Code tit. 43 § XV-9305
Current through Register Vol. 50, No. 11, November 20, 2024
A. The office has the discretionary authority to place or waive a lien against land reclaimed if the reclamation results in a significant increase in the fair market value based on the appraisals obtained under §9303; however: 1. a lien shall not be placed against the property of a surface owner who acquired title prior to May 2, 1977, and who did not consent to participate in or exercise control over the mining operation which necessitated the reclamation work;2. the basis for making a determination of what constitutes a significant increase in market value or what factual situation constitutes a waiver of lien will be made by the office;3. the lien may be waived by the office if the reclamation work performed on private land primarily benefits health, safety or environmental values of the greater community or area in which the land is located, or if the reclamation is necessitated by an unforeseen occurrence and the work performed to restore that land will not result in a significant increase in the market value of the land as it existed immediately before the occurrence.B. If a lien is to be filed, the office shall, within six months after the completion of the reclamation work, file a statement in the office of the clerk of court in the parish in which the land is located. Such statement shall consist of an account of monies expended for the reclamation work, together with notarized copies of the appraisals obtained under §9303 The amount reported to be the increase in value of the property shall constitute the lien to be recorded and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.C. Within 60 days after the lien is filed the landowner may petition under local law to determine the increase in market value of the land as a result of reclamation work. Any aggrieved party may appeal in the manner provided by local law.La. Admin. Code tit. 43, § XV-9305
Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:26 (January 1986).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:905.1-905.5.