Legislation Not Enacted: Garbage Liens
No legislation (SB 2457 | HB 725 | HB 1069 – all died in Committee or on Calendar) was enacted to address the problem of unrecorded garbage liens imposed by Section 19-5-22 (counties) and Section 21-19-2 (municipalities). Numerous bills were drafted to address this problem, but none were enacted.
One problem is that the municipal records of owners of property normally do not contain the information that is needed for liens to be recorded and indexed in the land records (e.g., quarter section, township, and range), only street addresses. The editor has started seeing garbage liens listed as exceptions on some title insurance commitments.