HB 123

Present law authorizes the commissioner of environment and conservation to enter onto private property that is adversely affected by past coal mining practices and, after making certain findings, conduct reclamation activities to clean-up and restore the land. Once reclamation is complete, the commissioner is required to fi l e a statement, which constitutes a lien on the property in the amount of the cost of the reclamation and the land's increased value resulting from the reclamation, if significant. Present law prohibits filing such a l ien against the property of any person who owned the surface prior to May 2, 1977, and who neither consented to nor participated in, nor exercised control over, the mining operation which necessitated the reclamation . This bill replaces the prohibition against filing a lien against the prope rty of a person who owned the surface prior to May 2, 1977, and who neither consented to nor participated in, nor exercised control over, the mining operation which necessitated the reclamation . This bill instead requires the commissioner, p rior to filing a statement as described above, to notify a property owner of the proposed creation of a lien, the amount of the proposed lien, and the ability of the property owner to avoid the lien by either: ( 1 ) Not having consent ed to, participate d in, or exercise d control over the mining operation which necessitated the reclamation; or ( 2 ) Pay ing the department of environment and conservation the amount of the proposed lien specified in the notice prior to the commissioner filing a statement. This bill also rem oves a provision of present law that limits application of the notice and lien filing process reclamation of past coal mining practices to reclamation that occurs when the commissioner enters onto private lands without the landowner's permission as an exe r cise of the police power for the protection of public health and safety.