11-60-103. Political subdivision liens -- Status -- Limitations.

589 words·~3 min read·/ut/title-11/chapter-60/11-60-103·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

(1)Unless expressly granted in statute, a political subdivision has no lien authority or lien rights when a property owner fails to pay a direct charge for:

(a)a service that the political subdivision renders; or

(b)a product, an item, or goods that the political subdivision delivers.

(2)A political subdivision lien other than a lien described in Subsection

(3):

(i)is not equivalent to and does not have the same priority as property tax; and

(ii)is not subject to the same collection and tax sale procedures as a property tax;

(b)is effective as of the date on which the lienholder records the lien in the office of the recorder of the county in which the property is located;

(c)is subordinate in priority to all encumbrances on the property existing on the date on which the lienholder records the lien; and

(d)is invalid and does not attach to the property if:

(i)the lienholder does not record the lien; or

(ii)a subsequent bona fide purchaser purchases the liened property for value before the lienholder records the lien.

(a)A political subdivision lien that is included on the property tax notice in accordance with Section 59-2-1317 or another express statutory provision:

(i)under Subsection 59-2-1317(3) , has the same priority as a property tax and is subject to collection in a tax sale in accordance with Title 59, Chapter 2, Part 13, Collection of Taxes , if:

(A)in order to hold the lien, statute requires the lienholder to record the lien or a resolution, notice, ordinance, or order, and the lienholder makes the required recording; or

(B)statute does not require the lienholder to record the lien or a resolution, notice, ordinance, or order; and

(ii)except as provided in Subsection (3)(b) :

(A)attaches to the property; and

(B)is valid against a subsequent bona fide purchaser of the property.

(b)Notwithstanding Subsection (3)(a)(ii) , a nonrecurring tax notice charge does not attach to the property and is invalid against a subsequent bona fide purchaser if the recording of a document conveying title to the subsequent bona fide purchaser occurs before the earlier of:

(i)the recording of the lien or a notice of lien in the office of the recorder of the county in which the liened property is located; or

(ii)the mailing of the property tax notice that includes the nonrecurring tax notice charge.

(4)If the holder of a political subdivision lien records the lien or a notice of lien, upon payment of the amount that constitutes the lien:

(a)the lien is released from the property; and

(b)the lienholder shall record a release of the lien or the notice of lien in the same recorder's office in which the lienholder recorded the lien or the notice of the lien.

(5)Unless otherwise expressly stated in statute, a partial payment of an amount constituting a political subdivision lien, including all costs, charges, interest, and amounts accrued since the unpaid amount was certified to the county treasurer, is not a release of any assessment to be paid in accordance with Title 11, Chapter 42, Assessment Area Act , or Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act .

(6)Nothing in this section limits a political subdivision's lien authority, lien rights, or remedies otherwise provided in statute, a contract, a judgment, or another property interest.

Amended by Chapter 30 , 2019 General Session