As we enter into the middle of March, legislation that will survive the House and Senate is starting to take shape.  On the side of the legislation that will move forward is HB 1137 which was approved by the Senate on March 5, 2013, and has been sent to the Governor for signature.  HB 1137 is meant to:

  • eliminate restrictions faced by local municipalities when attempting to remove weeds from tracts of land or lots, and
  • allows the municipality to recover the cost of removal from the property owner. 

While this is well intentioned legislation, the Bill still contains a prohibition from compelling weed removal from a lot or tract during any time that the mortgage or deed of trust secured by the lot or tract of land is being foreclosed upon.  Is it not the most important time to remove weeds from a lot or tract that nobody is caring for, which is usually when the lot or tract is in foreclosure?

David A. Firmin
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