SECTION 155:15-1-8. Reclamation on private lands

  This section authorizes reclamation on private land and establishes procedures for recovery of the cost of reclamation activities conducted on privately owned land by the Commission.

(1)   Appraisals. When private land is to be reclaimed and is subject to a lien under this section, a notarized appraisal shall be obtained from an independent appraiser. The appraisal shall be made prior to the start of reclamation work. The Commission shall furnish to the appraiser information of sufficient detail to make the appraisals. The Commission shall provide the following:

(A)   An appraisal standards consistent with generally accepted appraisal practices.

(B)   When reclamation requires more than six (6) months to complete, an updated appraisal under (1) above of this section shall be made to determine if the increase in value as originally appraised has actually occurred.

(C)   An updated appraisal shall not include any increase in value of land as unreclaimed. If the updated appraised value results in lower increase in value, such increase shall be used as basis for the lien. However, an increase in value resulting from the updated appraisal shall not be considered in determining a lien.

(2)   Liens. The Commission 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.

(A)   Exceptions that apply are as follows:

(i)   A lien must not be placed against the property of a surface owner who did not consent to, participate in or exercise control over the mining operation which necessitated the reclamation work.

(ii)   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 Commission pursuant to the Section 408 in SMCRA and consistent with Oklahoma laws governing liens.

(iii)   A lien may be waived if findings made prior to construction indicate that the reclamation work to be performed on private land shall primarily benefit the 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 unforeseen occurrence.

(iv)   The Commission may waive the lien if the cost of filing it, including indirect costs to the Commission exceeds the increase in fair market value as a result of reclamation activities.

(B)   If a lien is to be filed, the Commission shall, within six (6) months after the completion of the reclamation work, file a statement in the County Clerk's office for the land to be liened. Such statement shall consist of notarized copies of the appraisals obtained under 155:15-1-10(a) and may include an account of moneys expended for the reclamation work. The amount reported to be the increase in value of the property shall constitute the lien to be recorded in the County Clerk's office provided however, that prior to the time of the actual filing of the proposed lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to prepay that amount instead of allowing the lien to be filed against the property involved. Within sixty (60) days after the lien is filed, the landowner may petition a hearing before the Commission to determine the increase in market value of the land as a result of the reclamation work. Any aggravated party may appeal as provided by law.

(3)   Satisfaction of liens. Liens placed on private property under this section shall be satisfied in one of the following ways:

(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.

(B)   When the Commission files a lien on private property it shall maintain or renew the lien from time to time as may be required by State or local law.

(C)   Moneys derived from the satisfaction of liens established under this section shall be deposited in the appropriate abandoned mine reclamation fund account.

[Source: Amended at 27 Ok Reg 2473, eff 8-2-10]