45.1-265 - Perfection of lien; waiver of lien. - Virginia Statutes

§ 45.1-265. Perfection of lien; waiver of lien.

A. The Director shall perfect the lien given under the provisions of §45.1-264, by filing, within six months after completion of the reclamation,in the clerk's office of the court of the county or city in which the land orany part thereof is situate, a statement consisting of the names of the owneror owners of record of the property sought to be charged, an itemized accountof moneys expended for the reclamation work, and notarized copies ofappraisals, made by an independent appraiser, of the fair market value of theland both before and upon completion of the reclamation work, and a briefdescription of the property to which the lien attaches.

B. The Director shall waive a lien if he determines that the direct andindirect costs of filing such lien exceeds the increase in fair market valueresulting from reclamation, or that the reclamation primarily benefitshealth, safety or environmental values of the community or area in which theland is located, or if reclamation is necessitated by an unforeseenoccurrence, that the reclamation will not result in a significant increase inthe market value of the land.

(1979, c. 290.)