1156

LAWS OF MARYLAND

Ch. 399

BY ANY OWNER OF ANY INTEREST IN SUCH PREMISES FOR ANY
ALLEGED DAMAGES BY VIRTUE OF SUCH ENTRY. THIS PROVISION IS
NOT INTENDED TO CREATE NEW RIGHTS OF ACTION OR ELIMINATE
EXISTING IMMUNITIES.

(B)   WITHIN 6 MONTHS AFTER COMPLETION OF A PROJECT
PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL ITEMIZE THE
MONEYS EXPENDED BY THE DEPARTMENT AND FILE A NOTARIZED
STATEMENT PREPARED BY AN INDEPENDENT APPRAISER AS TO THE
INCREASE IN VALUE OF THE LAND ATTRIBUTABLE TO THE
RECLAMATION PROJECT WITH THE CLERK OF THE CIRCUIT COURT FOR
THE COUNTY IN WHICH THE AFFECTED LAND LIES. THE STATEMENT
SHALL CONSTITUTE A LIEN UPON THE LAND FOR AN AMOUNT EQUAL TO
THE INCREASE IN THE VALUE ATTRIBUTABLE TO THE PROJECT;
PROVIDED THAT, NO LIEN SHALL BE FILED:

(1)   IF THE OWNER OF THE SURFACE RIGHTS ACQUIRED
THE PROPERTY PRIOR TO MAY 2, 1977, AND NEITHER CONSENTED TO
NOR PARTICIPATED IN NOR EXERCISED CONTROL OVER THE MINING
OPERATION WHICH NECESSITATED THE RECLAMATION PROJECT;

(2)   IF THE PRIMARY PURPOSE OF THE RECLAMATION
PROJECT IS TO BENEFIT THE HEALTH, SAFETY, AND ENVIRONMENTAL
VALUES OF THE GENERAL PUBLIC;

(3)   IF THE COST OF FILING THE LIEN EXCEEDS THE
INCREASE IN THE FAIR MARKET VALUE OF THE PROPERTY AS A
RESULT OF THE RECLAMATION PROJECT; OR

(4)   IF THE RECLAMATION PROJECT IS NECESSITATED
BY AN UNFORESEEN OCCURRENCE AND THE PROJECT DOES NOT
SIGNIFICANTLY INCREASE THE FAIR MARKET VALUE OF THE
PROPERTY.

(C)   THE LANDOWNER MAY, WITHIN 60 DAYS OF THE FILING
OF THE LIEN, PETITION THE CIRCUIT COURT TO DETERMINE THE
INCREASE IN THE MARKET VALUE OF THE LAND AS A RESULT OF THE
RECLAMATION PROJECT.

(D)   THE LIEN PROVIDED IN THIS SECTION SHALL
CONSTITUTE A LIEN UPON THE SAID LAND AS OF THE DATE OF THE
EXPENDITURE OF THE MONEYS AND SHALL HAVE PRIORITY AS A LIEN
SECOND ONLY TO THE LIEN OF REAL ESTATE TAXES IMPOSED UPON
SAID LAND. ALL FUNDS RECEIVED BY THE STATE PURSUANT TO THIS
SECTION SHALL BE CREDITED TO THE FEDERAL-STATE RECLAMATION
FUND.

7-908.

(A) THE DEPARTMENT IS AUTHORIZED TO ACQUIRE ANY LAND,
BY PURCHASE, DONATION, OR CONDEMNATION, WHICH IS ADVERSELY
AFFECTED BY PAST COAL MINING PRACTICES IF IT IS DETERMINED
THAT ACQUISITION OF SUCH LAND IS NECESSARY TO SUCCESSFUL
RECLAMATION AND THAT:

(1) THE ACQUIRED LAND, AFTER RESTORATION,
RECLAMATION, ABATEMENT, CONTROL, OR PREVENTION OF THE