Louisiana House Bill HB806

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/13/10
• Engrossed: 4/21/10

Caption

Provides relative to notice of lis pendens under the Private Works Act

Impact

The enactment of HB 806 would directly alter existing processes related to the recordation of claims and the preservation of privileges tied to construction and property liens. By establishing a more structured approach to how notices of lis pendens are filed and maintained, this bill would make it clearer for property owners and contractors about their rights and the timelines associated with their claims. This could reduce confusion regarding property disputes and enhance transparency in the handling of such claims within Louisiana.

Summary

House Bill 806, introduced by Representative Tim Burns, seeks to amend the way notices of lis pendens are handled under Louisiana's Private Works Act. The bill mandates that if a notice of lis pendens identifying a suit is filed within one year following the submission of a statement of claim or privilege, then the effects of that filing shall cease concerning third parties when the lis pendens itself no longer has effect. This change aims to clarify the timeframes involved in maintaining such claims and provides for a potential reinscription period to extend the effects of the filing for an additional five years.

Sentiment

The sentiment surrounding HB 806 appears to be largely procedural, focusing on improving clarity in property law rather than contentious policy issues. Supporters view the bill as a positive step toward simplifying legal processes related to property claims. However, there's a potential concern from legal practitioners about whether the new provisions will adequately address all scenarios encountered in practice, signaling a need for ongoing dialogue among stakeholders in the real estate and legal communities.

Contention

While there are no major points of contention raised in the general discussion surrounding HB 806, the bill does touch upon ongoing discussions in the realm of property rights and claims management. Stakeholders might express differing opinions on the effectiveness of the proposed reinscription timelines and whether they adequately protect all parties involved in property transactions, potentially prompting further legislative adjustments in the future.