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HB 1695

Education; Education Reform Act of 2025; effective date.

2025 Regular Session Introduced by Cindy Roe

HB 1695 would have expanded municipal cleanup lien enforcement in Arkansas, including higher priority and larger cost caps for abatements and foreclosures.

Second Reading referred to Rules
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Bill Summary · HB 1695

Summary — HB 1695 (95th General Assembly, Regular Session 2025)

Status: Died in committee (Sine Die adjournment)

Main purpose

HB 1695 would have amended Arkansas law governing municipal liens for neglected and tax‑delinquent property to (1) clarify and expand the municipal lien foreclosure process, (2) allow municipalities to petition to set aside certain state conveyances of foreclosed/tax‑sold property, (3) give unrecorded municipal cleanup liens priority over other unrecorded liens up to specified amounts, and (4) streamline lien recording and satisfaction procedures.

Key provisions and changes

  • Municipal authority (14‑54‑901): Confirms municipal power to require cleanup and to remove/raze dilapidated structures (consolidates/removes separate statute 14‑56‑203 per amendment).
  • Cleanup lien filing deadlines:
    • Requires cities/towns to file municipal cleanup liens with the county recorder (or circuit court recorder) within specified timeframes (as amended, typically within 60–120 days after completion/confirmation or after winning an appeal).
  • Foreclosure and sale process (14‑54‑904):
    • Clarifies that municipalities (or an assigned land bank) may bring foreclosure actions in circuit court on municipal cleanup liens.
    • Requires foreclosure actions to name lienholders of record over which the municipality claims priority; if a lienholder is not named, the lien remains on the property.
    • Allows the circuit court to order public sale, appoint a commissioner to conduct the sale, and requires notice to the property owner and lienholders.
    • Directs that sale proceeds be distributed based on lien priority.
  • Priority for municipal cleanup liens (14‑54‑903):
    • Establishes that municipal cleanup liens may be awarded priority over previously recorded lienholders if the court finds those lienholders failed to exercise foreclosure or pay cleanup costs.
    • As engrossed, sets maximum priority amounts for cleanup categories (larger caps reflected in the engrossed text): up to $2,000 for grass/weed cutting; up to $10,000 to board/secure property; up to $15,000 to demolish structures; and up to $30,000 for environmental remediation.
  • Lien satisfaction:
    • Requires municipalities to record satisfaction of a paid municipal lien in the county recorder’s office within 30 days of payment.
  • Petition regarding state conveyances:
    • Permits a city or town to petition the Arkansas Commissioner of State Lands to set aside a conveyance of property made by the state to a person who owns tax‑delinquent property in Arkansas (intended to address potentially problematic transfers following tax sales).

Who would be affected

  • Property owners and title holders of neglected or tax‑delinquent real property in Arkansas.
  • Municipal governments (cities and towns) — expanded tools for abatement, lien enforcement and foreclosure.
  • Other lienholders (mortgagees, judgment creditors) — their relative priority could be affected if municipal liens are given priority up to the statutory caps.
  • County recorders, circuit courts, and the Arkansas Commissioner of State Lands — procedural responsibilities (filing, recording, court sales, petitions).

Fiscal impact

  • Fiscal Impact Statement (dated 3/18/2025) prepared by Arkansas Legislative Research fiscal staff, based on the Commissioner of State Lands, indicates no additional state costs; affected funds are local (city and county).

Legislative progress / timeline

  • Introduced: December 20, 2024.
  • Multiple committee actions and amendments (House Amendment H1; Senate Amendment S1) during March–April 2025.
  • Final reported status: Died in committee at Sine Die adjournment (May 5, 2025); bill did not become law.

Notes

  • The engrossed text and amendments contain multiple editorial/formatting changes; the bill increases municipal enforcement tools and raises the dollar caps for cleanup‑priority liens in its engrossed form.

Compiled from official sources — confirm details with the bill’s official record.

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