CODE OF VIRGINIA

PERFECTION OF LIEN; WAIVER OF LIEN (§ 45.1-265)

A. The Director shall perfect the lien given under the provisions of §
45.1-264, by filing, within six months after completion of the reclamation, in
the clerk’s office of the court of the county or city in which the land or
any part thereof is situate, a statement consisting of the names of the owner or
owners of record of the property sought to be charged, an itemized account of
moneys expended for the reclamation work, and notarized copies of appraisals,
made by an independent appraiser, of the fair market value of the land both
before and upon completion of the reclamation work, and a brief description of
the property to which the lien attaches.

B. The Director shall waive a lien if he determines that the direct and indirect
costs of filing such lien exceeds the increase in fair market value resulting
from reclamation, or that the reclamation primarily benefits health, safety or
environmental values of the community or area in which the land is located, or
if reclamation is necessitated by an unforeseen occurrence, that the reclamation
will not result in a significant increase in the market value of the land.

HISTORY: 1979, c. 290.