§ 45.2-1041. Satisfaction of lien
Any lien acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. If an owner fails to satisfy a lien as […]
§ 45.2-1042. Miscellaneous powers of Director
A. In addition to any other remedies provided for in this chapter, the Director may petition any court of competent jurisdiction for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work pursuant to this chapter. B. The Director is authorized, to the extent of funds […]
§ 45.2-1038. Recordation and indexing of lien; notice
It is the duty of the clerk in whose office the statement described in § 45.2-1037 is filed to record such statement in the deed books of such office and to index such recording in the general index of deeds. Such indexing shall be made in the name of the Commonwealth as well as the […]
§ 45.2-1039. Priority of lien
Any lien acquired under this article shall have priority as a lien second only to the lien of real estate taxes imposed upon the land. 1979, c. 290, § 45.1-267; 2021, Sp. Sess. I, c. 387.
§ 45.2-1035. Right of entry, acquisition, disposition, and reclamation of land adversely affected by past coal mining practices
A. The Director shall take all reasonable actions to obtain written consent from the owner or owners of record of the land or property to be entered onto to perform an inspection for purposes of reclamation or for conducting studies or exploratory work pertaining to the need for and feasibility of reclamation, prior to such […]
§ 45.2-1036. Commonwealth to have lien for reclamation work
The Commonwealth shall have a lien, if perfected as provided in § 45.2-1037, on land reclaimed by the Director pursuant to this article for the amount of the increase in the appraised market value of the land resulting from the reclamation. However, no such lien shall attach to or be filed against the property of […]
§ 45.2-1037. Perfection of lien; waiver of lien
A. The Director shall perfect the lien given under the provisions of § 45.2-1036 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 located, a statement consisting of the name of the owner […]
§ 45.2-1034. Eligible lands and water; priorities for expenditures
A. Lands and water eligible for reclamation or drainage abatement expenditures under this article are those that were (i) mined for coal or (ii) affected by coal mining, waste banks, coal processing, or other coal mining processes, and were abandoned or left in an inadequate reclamation status and for which there is no continuing reclamation […]
§ 45.2-1032. Abandoned Mine Reclamation Fund
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Abandoned Mine Reclamation Fund, referred to in this article as “the Fund.” The Fund shall be established on the books of the Comptroller and shall be administered by the Director. B. All funds granted by the Secretary […]
§ 45.2-1033. Operator may perform reclamation; bidding; conditions; adjustment of required bonds; regulations
A. Notwithstanding any licensing requirement under Title 54.1, an operator is eligible to bid on contracts to conduct reclamation projects under the State Reclamation Program and the Coal Surface Mining Reclamation Fund in accordance with this article and Article 5 (§ 45.2-1043 et seq.) if the Director finds that the following conditions have been met: […]