Section 0400-44-01-.06 - LIEN DETERMINATION, FILING, SATISFACTIONTennessee lien policy in respect to the Abandoned Mine Program provides that no windfall profits should inure to the benefit of private landowners as a result of reclamation work on their land. To that effect, the following provisions shall apply:
(1) Applicability of Lien. (a) If the surface owner or owners did not consent to, participate in, or exercise control over the mining operation which necessitated the reclamation, then a lien is not appropriate.(b) If the landowner consented to, participated in, or exercised control over the mining, then a lien should be considered.(2) Amount of Lien Liens shall be based on the results of property value increases, as determined by Before and After Appraisals, prepared by qualified contract appraisers and reviewed by qualified review appraisers. Appraisals for liens should be notarized.
(3) Preparation and Filing of Lien If a lien is to be filed, the State shall file within six months after completion of the reclamation work which includes a compilation of all cost data on the project as well as notarized copies of the appraisals. The amount reported by the appraisals as the increase in value shall constitute the lien to be recorded. This package along with the prepared legal document that constitutes a lien will be submitted to the Attorney General's office for review within three months after completion of reclamation work. The lien should be filed in the Office of the Court Clerk having the responsibility for recording judgments against land in the jurisdiction where the land lies.
(a) Within 60 days of lien date filing the owner may petition for a determination of market value attributable to the reclamation. Any aggrieved party may appeal in the manner provided by local law.(b) Preparation and filing of liens (releases, renewals, extensions, etc.) shall be made by a Department of Environment and Conservation attorney with the concurrence of the State Attorney General.(4) Satisfaction of Liens. (a) Liens shall be satisfied at the time of transfer of ownership or earlier at the election of the owner. Liens shall be renewed and extended as required.(b) Satisfaction of liens can be in the form of total payment or can be in installments. If payments in satisfaction of lien cover only a portion of the lien amount, the lien shall remain in full force and effect on the land records until satisfaction in full is made.Tenn. Comp. R. & Regs. 0400-44-01-.06
Original rule filed April 9, 2013; effective July 8, 2013. Rule renumbered from0400-01-24.Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.