405 KAR 2:010.

Waiving liens against privately-owned land.

 

      RELATES TO: KRS

350.575

      STATUTORY AUTHORITY:

KRS 350.028(1)

      NECESSITY, FUNCTION,

AND CONFORMITY: This administrative regulation is necessary to establish the

requirements for waiving liens against privately owned lands upon which the Environmental

and Public Protection Cabinet implements measures to restore, reclaim, abate,

control or prevent adverse effects of past coal mining practices.

 

      Section 1. Liens

against privately owned lands upon which the Environmental and Public

Protection Cabinet implements measures to restore, reclaim, abate, control or

prevent adverse effects of coal mining practices may be waived under the

following conditions:

      (1) The cabinet may

waive the lien if the reclamation measures implemented do not result in a

significant increase in the fair market value of the land reclaimed.

      (2) The cabinet may

waive the lien if the reclamation work to be performed on private land

primarily benefits health, safety of environmental values of the greater

community or area in which the land is located, or if reclamation is

necessitated by an unforeseen occurrence and the work performed to restore the

land will not result in a significant increase in the market value of the land

as it existed immediately before the occurrence. (9 Ky.R. 81; eff. 8-11-1982;

TAm eff. 8-9-2007.)