A. Except as provided in subsection B, the Director shall perfect the lien given under the provisions of § 45.2-1215 by filing, within six months after completion of the reclamation, in the clerk's office of the court of the county or city in which the land or any part thereof is located, a statement consisting of the names of all owners of record of the property sought to be charged; an itemized account of moneys expended for the reclamation work; notarized copies of appraisals, made by an independent appraiser, of the fair market value of the land both before and upon completion of the reclamation work; and a brief description of the property to which the lien attaches.
B. The Director shall waive a lien if he determines that (i) the direct and indirect costs of filing such lien exceed the increase in fair market value resulting from reclamation or (ii) if reclamation is necessitated by an unforeseen occurrence, the reclamation will not result in a significant increase in the fair market value of the land.
2017, c. 4, § 45.1-186.4; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 12 - Permits for Certain Mining Operations; Reclamation of Land
§ 45.2-1201. Construction of chapter
§ 45.2-1202. Authority of Director; enforcement of chapter by injunction
§ 45.2-1203. Exemption for restricted mining
§ 45.2-1206. Operations plan; reclamation; policy of Director
§ 45.2-1207. Special Reclamation Fund
§ 45.2-1209. Review of operations plan and reclamation provision by Director; issuance of permit
§ 45.2-1210. Application for permit; adjoining landowners; local official
§ 45.2-1211. Succession of one operator by another at uncompleted project
§ 45.2-1213. Notice of noncompliance served on operator
§ 45.2-1214. Collection of debts
§ 45.2-1215. Commonwealth to have lien for reclamation work
§ 45.2-1216. Perfection of lien; waiver of lien
§ 45.2-1217. Recordation and indexing of lien; notice
§ 45.2-1219. Hearing to determine amount of lien
§ 45.2-1220. Satisfaction of lien
§ 45.2-1221. Additional bond to cover amended estimate of land to be disturbed
§ 45.2-1222. Interference with reclamation unlawful; other mining operations on land
§ 45.2-1223. Penalty for violation of chapter, etc.
§ 45.2-1224. Assistance of federal, state, and local agencies
§ 45.2-1225. Injunction prohibiting mining operation
§ 45.2-1226. Appeals from decisions of the Department
§ 45.2-1228. Orphaned Lands Reclamation Fund
§ 45.2-1229. Survey; priorities for reclamation
§ 45.2-1230. Agreements with owners or lessees; reclamation by Director
§ 45.2-1231. Contracts for reclamation
§ 45.2-1232. Acceptance of federal funds, gifts, etc.
§ 45.2-1234. Minerals Reclamation Fund
§ 45.2-1235. Membership in Fund; payments required
§ 45.2-1236. Release of bonds and other securities
§ 45.2-1237. Return of member payments
§ 45.2-1238. Revocation of permits; reclamation work
§ 45.2-1239. Collection of debt where cost of reclamation exceeds member's forfeited payments, etc.
§ 45.2-1240. Decreases in size of Fund
§ 45.2-1241. Order of return of payments
§ 45.2-1242. Discontinuance of Fund
§ 45.2-1243. Construction of article; Fund used solely for reclamation