Illinois Administrative Code
Title 62 - MINING
Part 2501 - ABANDONED MINED LANDS RECLAMATION
Section 2501.25 - Reclamation on Private Lands
Universal Citation: 62 IL Admin Code ยง 2501.25
Current through Register Vol. 48, No. 12, March 22, 2024
Reclamation may be carried out on private land if consent is obtained as provided in Section 2501.28(a), or if the requisite findings are made and notice given pursuant to Section 2501.28(b). When reclamation is to be carried out on private land, the Department shall adhere to the following procedures concerning appraisals, liens, and satisfaction of liens:
a) Appraisals
1) A notarized appraisal of private land to
be reclaimed which may be subject to a lien under subsection (b) shall be
obtained from an independent professional appraiser. Such appraisal shall meet
the quality of appraisal practices found in Regulation 10 of the American
Institute of Real Estate Appraisers of the National Association of Realtors,
Code of Professional Ethics, as amended November 4, 1989. The appraisal shall
state:
A) The estimated market value of the
property in its unreclaimed condition; and
B) The estimated market value of the property
as reclaimed.
2) This
appraisal shall be made prior to the start of reclamation activities, except as
provided in subsection (a)(3). The Department shall furnish to the appraiser
information of sufficient detail in the form of plans, factual data,
specifications, etc., to make such appraisals. When reclamation requires more
than six months to complete, an updated appraisal of the estimated market value
of the property as reclaimed shall be made to determine if the increase in
value as originally appraised has actually occurred. Such updated appraisal
shall not include any increase in value of the land as unreclaimed. If the
updated appraisal value results in lower increase in value, such lower increase
shall be used as the basis for the lien. However, an increase in value
resulting from the updated appraisal shall not be considered in determining a
lien.
3) When any abandoned mine
condition presents a high probability of substantial physical harm to the
health, safety, or general welfare of people, as set forth in Section
2501.34,
before the danger can be abated under normal program operations procedures,
reclamation activities or abatement procedures shall not be delayed in order to
obtain any necessary appraisal. In such instances, the appraisal shall be
obtained at the earliest practical time after reclamation activities or
abatement procedures have been commenced.
b) Liens
1)
The Department shall place a lien against land reclaimed if the reclamation
results in a significant increase in fair market value, except that:
A) A lien shall not be placed against the
property of a surface owner who owned the property prior to May 2, 1977, and
who did not consent to, participate in, or exercise control over the mining
operation which necessitated the reclamation work [20 ILCS
1920/2.09 ];
B) A lien shall be waived if findings made
prior to construction indicate that the reclamation work to be performed on
private land shall primarily benefit the health, safety, or environmental
values of the greater community or area in which the land is located; or if the
reclamation is necessitated by an unforeseen occurrence, and the work performed
to restore that land will not result in a significant increase in the market
value of the land as it existed immediately before the unforeseen occurrence;
and
C) The Department shall waive
the lien if the cost of filing it, including indirect costs to the State,
exceeds the increase in fair market value as a result of the reclamation
activities.
2) The
determination of what constitutes a significant increase in market value of
land subject to a potential lien, or what factual situation justifies a waiver
of lien, will be made to assure that AML program funds are used to benefit the
health, safety, or environmental values of the greater community and avoid
windfall profits to owners of reclaimed land. The manner in which the subject
property was acquired shall be considered. An increase in total fair market
value of less than $8,000, or less than 20 percent of total fair market value
before reclamation, shall not be considered significant.
3) A lien shall be waived if findings made
prior to construction demonstrate that the reclamation work is being undertaken
solely to seal, fill, or mark an open or settled mine shaft, drift or slope
entry, adit or other mine opening or a subsidence pit.
4) If a lien is to be filed, the Department
shall, within six months after the completion of the reclamation work, file a
statement in the Office of the Recorder of Deeds in the County wherein the
reclaimed land is located. Such statement shall consist of notarized copies of
the appraisal obtained under subsection (a) and shall include an account of
moneys expended for the reclamation work. The statement shall state the
priority claimed for the lien. The amount reported to be the increase in value
of the property shall constitute the lien to be recorded. Provided, however,
that prior to the time of the actual filing of the proposed lien, the landowner
shall be notified of the amount of the proposed lien and shall be allowed a
reasonable time to repay that amount instead of allowing the lien to be filed
against the property involved.
5)
Within 60 days after the lien is filed, the landowner may petition the
Department, through the Director of the Office of Mines and Minerals, for a
hearing to determine the increase in market value of the land as a result of
reclamation work. Any party aggrieved by the decision of the Department may
seek appropriate judicial relief at the Circuit Court.
c) Satisfaction of Liens
1) A lien placed on private property shall be
satisfied, to the extent of the value of the consideration received, at the
time of transfer of ownership. Any unsatisfied portion shall remain as a lien
on the property.
2) A reclamation
lien created pursuant to Section 2.09 of the State Act shall continue in
existence until satisfied, subject only to the 40 year limitation period and
requirements of Sections 13-118 through 13-121 of the Code of Civil Procedure
[735 ILCS 5/13-118 through 13 -121].
3) If reclaimed property subject to a
reclamation lien is transferred for an actual consideration in excess of the
appraised fair market value of the property after reclamation, and the lien is
not satisfied at the time of transfer, the Department shall request the
Attorney General to bring an appropriate foreclosure action to satisfy the
lien.
4) Monies derived from the
satisfaction of liens established under this Section shall be deposited in the
State fund currently entitled "Abandoned Mined Lands Reclamation Federal Trust
Fund."
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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