                                 CODE OF VIRGINIA

 PERFECTION OF LIEN; WAIVER OF LIEN (§ 45.2-1037)

A. The Director shall perfect the lien given under the provisions of &#xA7;
45.2-1036 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 name of the owner 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 the direct and indirect
costs of filing such lien exceed 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. If
reclamation is necessitated by an unforeseen occurrence, the Director shall
waive a lien if he determines that the reclamation will not result in a
significant increase in the market value of the land.

HISTORY: 1979, c. 290, § 45.1-265; 2021, Sp. Sess. I, c. 387.