§ 1238. Liens

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Surface Mining Control and Reclamation Act of 1977

   Pub. L. 95–87 title IV § 408 · 91 Stat. 445

   Enacted · 30 U.S.C. § 1238

   Pub. L. 95–87, title IV, § 408, Aug. 3, 1977, 91 Stat. 465

   Source evidence

   Code source credit
   Pub. L. 95–87, title IV, § 408, Aug. 3, 1977, 91 Stat. 465

   Enacted provision · exact public law section
   Sec. 408. liens (a) Within six months after the completion of projects Filing. 30 USC 1238. to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the Secretary or the State, pursuant to an approved State program, shall itemize the moneys so expended and may file a statement thereof in the office of the county in which the land lies which has the responsibility under local law for the recording of judgments against land, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land. The hen shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. No lien shall be filed against the property of any person, in accordance with this subsection, 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 performed hereunder. (b) The landowner may proceed as provided by local law to petition Petition. within sixty days of the filing of the lien, to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal as provided by local law. (c) The lien provided in this section shall be entered in the county Recordation. office in which the land lies and which has responsibility under local law for the recording of judgments against land. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land.

2. 2006

   Tax Relief and Health Care Act of 2006

   Pub. L. 109–432 div. C title II § 205 · 120 Stat. 2922

   Struck · 30 U.S.C. § 1238(a)

   Pub. L. 109–432 struck out “who owned the surface prior to May 2, 1977, and” after “this subsection,” in last sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–432 struck out “who owned the surface prior to May 2, 1977, and” after “this subsection,” in last sentence.

   Enacted provision · exact public law section
   SEC. 205. CREDIT FOR NEW ENERGY EFFICIENT HOMES.   Subsection (g) of section 45L is amended by striking “December 31, 2007” and inserting “December 31, 2008”.

2 of 2 references resolved to an enrolled provision