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      RS 40:600.40     


§600.40. Permits, taxes, liens, and notice of completion

A.  Permits.  If a local governmental subdivision, secured party, or qualified rehabilitation entity has been granted possession of a property, that local governmental subdivision, secured party, or qualified rehabilitation entity shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and boards, seeking and obtaining construction permits and other approvals, and submitting applications for financing or other assistance to public or private entities.

B.  Legal control.  For the purposes of any program of grants or loans, possession of a blighted housing property pursuant to the provisions of this Chapter shall be considered legal control of the property.

C.  Liens.  The court may approve the borrowing of funds by a local governmental subdivision, with the consent of the property owner,  to rehabilitate the property.  Prior to seeking approval to borrow funds, the local governmental subdivision shall have exhausted all grant opportunities.  The court may grant a lien or security interest in the property for the amount of the borrowed funds.

D.  Recordation of liens.  No lien authorized by the court shall take effect unless recorded in the mortgage office of the parish in which the property is located.

E.  Notice of completion. The local governmental subdivision shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the local governmental subdivision has determined that at least fifty percent of the rehabilitation plan is complete. This notice shall include an affidavit of the public officer attesting to the frame within which that rehabilitation can realistically be anticipated to be complete and a statement setting forth such actions as it plans to undertake to ensure that reuse of the property is consistent with the plan.

Acts 2006, No. 355, §1, eff. June 13, 2006.

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