1.    Within six months after the completion of projects to restore, abate, control, or prevent adverse effects of past coal mining or noncoal mining practices on privately owned land, the commission shall itemize the moneys so expended and may file a statement thereof in the office of the county recorder in the county in which the land is located, together with notarized appraisals by an independent appraiser of the value of the land before and after the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining or noncoal mining practices if the moneys so expended result in a significant increase in property value. Such statement constitutes a lien upon the land. The lien may not exceed the amount determined by the appraisals to be the increase in the market value of the land as the result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining or noncoal mining practices. The lien may be waived by the commission if:

a.    The cost of filing the lien, including indirect costs, exceeds the increase in the fair market value of the land as the result of reclamation activities; b.    The reclamation work performed on private land primarily benefits health, safety, or environmental values of the greater community or area in which the land is located; or

c.    The reclamation work performed 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 occurrence.

    2.    No lien may be filed against the property of any person, in accordance with this section, who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.

3.    The landowner may petition the commission for a hearing within sixty days of the filing of the lien to determine the increase in the market value of the land as the result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining or noncoal mining practices. The amount determined to be the increase in value of the premises constitutes the amount of the lien and must be recorded with the statement herein provided. The hearing must be conducted pursuant to chapter 28-32.

4.    Any statement filed pursuant to this section constitutes a lien upon the land as of the date of the expenditure of the moneys and has priority as a lien second only to the lien of real estate taxes imposed upon the land.

5.    The commission may bring an action to enforce the lien in the district court of the county in which the land is located. Any number of persons claiming liens against the same property may join in the action and when separate actions are commenced, the court may consolidate them. Before the lien may be enforced, written notice of intention to enforce the lien must be given by personal service upon the record owner of the land affected at least ten days before an action to enforce the lien is commenced, or by certified mail directed to the owner’s last-known address at least twenty days before the action is commenced. The land affected may not be sold for less than the fair market value of the land after the restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining or noncoal mining practices. No deficiency judgment may issue against the record owner of the land affected if the proceeds from the sale are insufficient to satisfy the total amount of the lien on the land.