SLS 10RS-397 REENGROSSED
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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 the lien and privilege may be collected in the15
manner fixed for collection of taxes and shall be subject to the same civil penalties16
for delinquencies. After the parish or municipality has incurred such costs as17 SB NO. 278
SLS 10RS-397 REENGROSSED
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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 or tax assessor of the parish4
in which the property is located, who shall add the amount of said the bill to the5
next tax bill of the owner. The lien obtained by the parish or municipality pursuant6
to proper notification and filing shall include not only the costs provided for in7
Subsection A of this Section but shall include all attorney fees and all costs of court8
incurred in the locating of the owner, the notification of the owner, and the9
enforcement and collection of the amount secured by the lien against the immovable10
and the improvements.11
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The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by McHenry Lee.
DIGEST
Erdey (SB 278)
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 provides that the proper party to receive the attested bill is the director of
administration or tax assessor of the parish in which the property is located. Retains
remainder of present law.
Effective August 15, 2010.
(Amends R.S. 33:4766(E)(1)) SB NO. 278
SLS 10RS-397 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Deleted "parish assessor" as proper party and provided that proper party to
receive attested bill is director of administration or tax assessor of the parish
in which the property is located.
Senate Floor Amendments to engrossed bill.
1. Legislative Bureau technical amendments.