SLS 10RS-397 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 278
BY SENATOR ERDEY
PARISHES. Provides with respect to the costs associated with the removal of dangerous
structures incurred by a parish or municipality. (8/15/10)
AN ACT1
To amend and reenact R.S. 33:4766(E)(1), relative to liens and privileges on immovable2
property; to provide relative to the procedure for the enforcement of certain liens and3
privileges by local government; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:4766(E)(1) is hereby amended and reenacted to read as follows:6
ยง4766. Lien and privilege for cost of demolition, removal, and maintenance by7
parish or municipality; interest; attorney fees8
* * *9
E.(1) The privilege and lien shall be enforced by ordinary process in the10
district court having jurisdiction of the immovable within three years after it is11
perfected. Alternatively, the privilege and lien may be enforced by assessing the12
amount of the privilege and lien against the immovable as a tax against the13
immovable, to be enforced and collected as any ordinary property tax lien to be14
assessed against the property; said lien and privilege may be collected in the manner15
fixed for collection of taxes and shall be subject to the same civil penalties for16
delinquencies. After the parish or municipality has incurred such costs as which17 SB NO. 278
SLS 10RS-397 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
constitute the lien and privilege on the property, the parish president, police jury,1
mayor, or any director of any community development department of the parish or2
municipality may send an attested bill of said costs and expenses which constitute3
the lien and privilege to the director of administration parish assessor, who shall add4
the amount of said bill to the next tax bill of the owner. The lien obtained by the5
parish or municipality pursuant to proper notification and filing shall include not6
only the costs provided for in Subsection A of this Section but shall include all7
attorney fees and all costs of court incurred in the locating of the owner, the8
notification of the owner, and the enforcement and collection of the amount secured9
by the lien against the immovable and the improvements.10
* * *11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Present law provides that a privilege and lien in favor of a parish or municipality for costs
of removal of dangerous structures may be enforced by assessing the amount of the privilege
and lien against the immovable as a tax against the immovable, and may be enforced and
collected as any ordinary property tax lien assessed against the property. Present law further
provides that the parish president, police jury, mayor, or any director of any community
development department of the parish or municipality may send an attested bill of the costs
and expenses which constitute the lien and privilege to the director of administration, who
shall add the amount of the bill to the next tax bill of the owner.
Proposed law retains present law but changes the proper party, for purposes of receiving the
attested bill, from the director of administration to the parish assessor.
Effective August 15, 2010.
(Amends RS 33:4766(E)(1))