Bill No.: SF0003                  Drafter:  MRW

LSO No.:  09LSO-0066              Effective Date:  7/1/2009

Enrolled Act No.:  SEA0060

Chapter No.:       143

Prime Sponsor:     Joint Minerals, Business and Economic Development Interim Committee

Catch Title:       Abandoned mine reclamation-liens.

Subject:  Liens on property affected by abandoned mine land reclamation.

Summary/Major Elements:

• Currently, the state may place a lien on private property if the abandoned mine reclamation significantly increases the value of the property, unless the owner owned the property prior to May 2, 1977 (the date the Surface Mining Control and Reclamation Act was enacted) and neither consented to, participated in nor exercised control over the mining operation which necessitated the reclamation project.

• This bill eliminates the requirement that the property had to have been owned prior to May 2, 1977 to be exempt from having a lien filed on the property.