                                 CODE OF VIRGINIA

 PERFECTION OF LIEN; WAIVER OF LIEN (§ 45.2-1216)

A. Except as provided in subsection B, the Director shall perfect the lien given
under the provisions of &#xA7; 45.2-1215 by filing, within six months after
completion of the reclamation, in the clerk&#8217;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 names of all owners of record of the property sought to be
charged; an itemized account of moneys expended for the reclamation work;
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 (i) the direct and
indirect costs of filing such lien exceed the increase in fair market value
resulting from reclamation or (ii) if reclamation is necessitated by an
unforeseen occurrence, the reclamation will not result in a significant increase
in the fair market value of the land.

HISTORY: 2017, c. 4, § 45.1-186.4; 2021, Sp. Sess. I, c. 387.