1. Within six months after the completion of a project to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land, the division shall itemize the money expended on the project and may file a lien statement in the office of the districtcourt clerk of each county in which a portion ofthe property affected bythe project islocated, 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 ifthe money so expended results in a significant increase in property value. A copy of the lien statement and the appraisal, ifrequired, shall be served upon affected property owners in the manner provided for service of an original notice. The lienshall not exceed the amount determined by the appraiser to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining practices. A lien shall not be filed in accordance with thissubsection against the property of a person who neither consented to,participated in,nor exercised control over the mining operation which necessitated the reclamation performed. 2. The owner of property to which the lien attaches may petition the court within sixty days after receipt of service of the lien statement, 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 found to be the increase in value of the property shall constitute the amount of the lien and shall be recorded in the office of the district court in each county in which the owner’s property is located. A party aggrieved by the decision may appeal as provided by law. 3. The lien provided in this section has priority over allother liens or security interests which have attached to the property, whenever those liens may have arisen, except liens of real estate taxes imposed upon the property. C93, §207.23 103, §19
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