Section 69-05.3-01-15 - Appraisals1. An appraisal of the fair market value of land to be reclaimed which may be subject to a lien shall be obtained by the commission from an independent professional appraiser. The appraisal shall be acknowledged before a notary public or other officer authorized by law to administer oaths and shall conform to generally accepted appraisal practices. 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 nonemergency work is commenced. The appraisal shall state the fair market value of the land as adversely affected by past coal or noncoal mining. 2. 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 subsection 1 and shall state the market value of the land as reclaimed. 3. The landowner, if known, shall be provided with a statement of the increase in market value, an itemized statement of reclamation expenses, and notice that a lien is being or has been filed in accordance with North Dakota Century Code section 38-14.2-14. 4. Appraisals for land which fall under subdivisions a, b, and c of subsection 1 of North Dakota Century Code section 38-14.2-14 may be obtained from either an independent or staff professional appraiser. N.D. Admin Code 69-05.3-01-15
Effective January 1, 1980; amended effective November 1, 1983.General Authority: NDCC 38-14.2-03
Law Implemented: NDCC 38-14.2-07, 38-14.2-14