Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-2D-7 - Reclamation On Private Land7.1. Operations on private land. - Reclamation activities may be carried out on private land if a consent to enter is obtained or if entry is required and made under section 5.3 of this rule.(a) All monies received from disposal of land under this part shall be deposited in the appropriate abandoned mine reclamation fund.7.2.Appraisals.(a) A notarized appraisal of the fair market value of private land to be reclaimed shall be obtained by the WVDEP from an independent professional appraiser. Such appraisal shall meet the quality of appraisal practices found in the handbook on "Uniform Appraisal standards for Federal Land Acquisition" (interagency Land Acquisition Conference 1972). The appraisal shall be obtained before any reclamation activities are started, unless the work must start without delay to abate an emergency if work must start because of an emergency, the appraisal shall be completed at the earliest practical time and before related non emergency work is commenced. The appraisal shall state the fair market value of the land as adversely affected by past mining.(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 be obtained in accordance with paragraph (a) of this section and shall - state the market value of the land as reclaimed.(c) The landowner is to be provided with a statement of the increase in market value, an itemized statement of reclamation expenses and notice that a lien will or will not be filed in accordance with 7.3 of this section.(d) Appraisals for privately owned land which fall under 7.3(a)(1), (2), or (3) of this section may be obtained from either an independent, staff or other state or federal agency professional appraiser.7.3Liens(a) The WVDEP shall place a-lien against land reclaimed if the reclamation results in an increase in the fair market value based on the appraisals obtained under 7.2 of this section, except as follows-. (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 WVDEP may waive the lien if the cost of filing it, including indirect costs to the WVDEP, exceeds the increase in fair market value as a result of reclamation activities.(3) The lien may be waived by the WVDEP if the reclaimation work performed on private land primarily benefits the health, safety or environmental values of the greater community or area in which the land is located, or if 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 WVDEP shall, within six (6) months after completion of the reclamation work, file a statement in the office having responsibility under applicable law for recording judgments against land and for the lands to be lined. Such statement shall consist of an account of moneys expended for the reclamation work, together with notarized copies of the appraisals obtained under 7.2 of this section. The amount reported to be the increase in value of the property shall constitute the amount of the lien recorded and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.(c) Within sixty (50) 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.7.4.Satisfaction of liens.(a) A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this paragraph.(b) The WVDEP when filing a lien on private property, shall maintain or renew it from time to time as may be required under State or local law.(c) Monies derived from the satisfaction of liens established under this part shall be deposited in the appropriate Abandoned Mine Reclamation Fund.