Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 12 - COAL MINING REGULATIONS
Subchapter R - TEXAS ABANDONED MINE LAND RECLAMATION PROGRAM
Section 12.815 - Appraisals

Universal Citation: 16 TX Admin Code ยง 12.815

Current through Reg. 49, No. 12; March 22, 2024

(a) A notarized appraisal of the fair market value of private land to be reclaimed shall be obtained from an independent professional appraiser except as noted in subsection (d) of this section. Such appraisal shall meet the quality of appraisal practices found in the Uniform Appraisal Standards for Federal Land Acquisitions. The appraisal shall be obtained before any reclamation activities are started, unless the work must start without delay to abate an emergency. The appraisal shall state the estimated fair market value of the land as adversely affected by past mining and the estimated fair market value of the property as reclaimed. Where an emergency exists the appraisal shall be completed at the earliest practical time and before related nonemergency work is commenced.

(b) An appraisal of the fair market value of all land reclaimed shall be obtained after all reclamation activities have been completed. The appraisal shall comply with subsection (a) of this section and shall state the market value of the land reclaimed.

(c) The landowner shall receive a statement of the increase in market value, an itemized statement of reclamation expenses, and notices that a lien will or will not be filed against the property.

(d) Appraisals for privately owned land described in § RSA 12.816 of this title (relating to Liens) may be obtained from either an independent or staff professional appraiser.

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