KRS 350.575: Lien for reclamation.

(1) Within six (6) months after the completion of projects to restore, reclaim, abate,

control, or prevent adverse effects of past coal mining practices on privately owned

land, the cabinet 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 lien

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 aga inst the property of any person, in accordance with this section,

who neither consented to nor participated in nor exercised control over the mining

operation which necessitated the reclamation performed hereunder. The cabinet may

waive the lien consistent with its regulations.

(2) The landowner may proceed as provided by local law to petition within sixty (60)

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, co ntrol, 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.

(3) The lien provided in this section shall be entered in the county office in which the

land lies and which has responsibility under local law for the recording of

judgments against land. Such statemen t 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.