(20 ILCS 1920/2.09) (from Ch. 96 1/2, par. 8002.09)
Sec. 2.09. Liens.
(a) Within 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 under this Article, the
Department 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 mining practices if the moneys so expended shall result in a
significant increase in property value. Such statement shall constitute a lien
upon the land. The lien shall not exceed the amount determined by
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.
(b) No lien shall be filed under this Section against the property of
any person who neither
consented to nor participated in nor exercised control over the mining
operation which necessitated the reclamation performed hereunder.
(c) The landowner may proceed as provided by law to petition within 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,
control, 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
provided in this Section. Any party aggrieved by the decision may seek
appropriate judicial relief
at the Circuit Court.
(d) 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 statement 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 or such lesser priority as may be permitted
or required by the Federal Act or regulations thereunder. The statement
shall state the priority claimed for such lien.
To the extent that it is consistent with the Federal Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, as amended, the Department shall
provide by rule for the accumulation of interest on the
amount secured by the lien.
(Source: P.A. 100-1099, eff. 1-1-19.)
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