State-by-State Lien Matrix
|
State |
Bonding
Over Lien Permitted? |
Time
Restraints |
Value of
Bond Required |
Notice
Requirements |
Miscellaneous
Issues |
Anti-Advance
Lien Waiver Statute? |
|
|
Yes |
Upon notification by the
court of the security transfer, lien claimant has ten days to challenge the
sufficiency of the bond amount or the surety.
The court’s determination is final.[1] Lien claimant must take
action “within six months after the maturity of the entire indebtedness.”[2] |
The value of the bond must
equal the “amount demanded in such claim of lien plus interest thereon at
eight percent per year for three years plus $100.00.”[3] |
None |
May recover attorney’s
fees.[4] |
No[5] |
|
|
Yes |
None specific to the time
on which a bond claim may be made; however, a lien will only bind real
property for six months after the claim of lien is recorded, unless an action
is commenced in the proper court within that time or six months after the
recording of an extension notice.[6] |
150% of the claim amount[7] |
None |
None |
Yes. Party may waive lien rights for work or
materials furnished up to that date.[8] However the
waiver “may not relate to labor, materials, services, or equipment furnished
after the date the waiver is signed by the claimant.”[9] Laborers may
not waive their lien rights, however.[10] |
|
|
Yes |
Suit must be commenced
within six months after recording of bond.[11] Lien claimant must name
principal and surety as parties to lien foreclosure suit within six months of
recording of lien or 90 days of receiving bond notice, whichever is longer.[12] |
150% of the claim amount[13] |
Lien claimant must be
served within a reasonable time.[14] |
May recover attorney’s
fees.[15] |
No. Party waiving lien rights must execute a
waiver and release form.[16] |
|
|
Yes |
Lien claimant must
challenge the bond within three days of receiving notice.[17] Lien claimant must take
action on the bond within 15 months after recording of lien.[18] |
200% of the claim amount.[19] |
The circuit clerk or other
officer before whom the bond is filed must notify the lien claimant of the
filing of the bond.[20] |
May
recover attorney’s fees.[21] |
No |
|
|
Yes |
Lien claimant must take
action on the bond within six months of the recording of the lien release
bond.[22] |
150% of the claim amount.[23] |
Must provide notice by
certified or registered mail. Failure
to provide notice will toll the statutes of limitations.[24] |
May not recover attorney’s
fees in an action on a bond absent a direct contract between the claimant and
the owner providing for attorney fees.[25] |
Yes.[26] |
|
|
Yes |
Lien claimant must take
action on the bond within six months of the completion of work.[27] |
150% of the claim amount,
plus costs[28] |
None |
Must be approved by judge.[29] |
No[30] |
|
|
Yes |
Lien claimant must take
action on the bond within one year of the lien being perfected.[31] |
Claim amount, plus interest
and costs.[32] |
Judge shall order
reasonable notice be given.[33] |
Must be approved by judge.[34] May recover attorney’s
fees.[35] |
Yes[36] |
|
|
Yes. |
The security posted in lieu
of cash may, upon cause shown and upon petition of any party after notice and
hearing, be decreased in amount or exonerated by the Court.[37] |
The amount of the bond must
be approved by the court, but the amount approved may not be less than the
amount equal to the amount of the claim.[38] |
None |
Must be approved by court.[39] |
Yes.[40] May only
waive right to file lien with or after payment.[41] |
|
|
Yes |
Lien claimant must voice
their objection to bond approval within two days of notice.[42] |
Claim amount, plus interest
and costs.[43] |
Lien claimant must receive
two days notice prior to motion seeking bond approval.[44] |
Bond must be filed with two
or more sureties.[45] The filing of the bond must
be approved by court.[46] |
No[47] |
|
|
Yes |
Lien claimant must take
action on the bond within one year of the lien’s recording.[48] |
Claim amount and interest
for three years, plus $1,000 or 25% of the claim amount, whichever is
greater.[49] |
Upon the filing of the
bond, the clerk will mail a copy of the certificate showing the transfer of
the lien to the bond.[50] |
May recover attorney’s
fees.[51] |
Yes. Lien rights may not be waived in
advance. Lien rights to labor,
services, or materials already furnished may be waived, however.[52] |
|
|
Yes |
Lien claimant must take
action on the bond within one year of the lien’s recording.[53] |
200% of the claim amount.[54] |
Must provide notice by certified,
registered, or statutory overnight mail within seven days of filing bond.[55] |
None |
Yes[56] |
|
|
Yes |
Lien claimant must take action on the bond within
three months of the lien’s recording.[57]
|
200% of the claim amount.[58] |
None |
Attorney fees may be awarded
by the court.[59] |
No[60] |
|
|
Yes |
Lien claimant must take
action on bond within six months of lien’s recording.[61] |
150% of the claim amount.[62] |
Must provide notice at
least two days prior to the hearing.[63] |
May recover attorney’s
fees.[64] Must be approved by court.[65] |
No[66] |
|
|
No |
None |
None |
None |
None |
Yes[67] |
|
|
Yes |
May not bond over lien
until foreclosure action has commenced.[68] Lien
claimant must file a complaint to enforce a lien within one year of the
lien’s recording.[69] |
Claim amount, plus costs
and attorney’s fees.[70] |
None |
May recover attorney’s
fees.[71] Must be approved by the
court.[72] |
Yes[73] |
|
|
Yes |
Lien claimant must bring
action on bond within two years and ninety days after materials were
furnished or labor was performed last.[74] |
200% of the claim amount.[75] |
None |
Must be approved by the
clerk.[76] |
No[77] |
|
|
Yes |
Lien claimant must bring
action on bond within one year of lien’s recording[78] |
At least the amount of the
contract price.[79] |
None |
Must be approved by the
court.[80] |
Yes[81] |
|
|
Yes |
Must bond over lien prior
to judgment enforcing the lien.[82] Lien claimant must take
action on bond within one year of lien’s recording.[83] |
200% of claim amount.[84] |
None |
Must be approved by the
clerk.[85] |
Yes[86] |
|
|
Yes[87] |
Lien claimant must take
action on bond within one year of the termination or completion of work.[88] |
125% of the claim amount.[89] |
Must provide notice by
certified mail.[90] |
May recover attorney’s
fees.[91] |
No |
|
|
Yes |
Bond must be paid out
within 30 days of final judgment.[92] |
Claim amount, plus costs.[93] |
Judge issues notice at
least 10 days prior to hearing on whether the lien shall be released in favor
of a bond in the amount determined by the court to be potentially owed.[94] |
Must be approved by the
court.[95] |
No |
|
|
Yes |
The right to enforce a lien
will expire at the end of one year from the day on which the petition to
establish the lien was first filed.
During this time, the lien claimant may file a petition to execute on
a bond given to release the lien. If
an action is filed within that time period, the bond will remain in force
until the conclusion of that action and, thereafter, only in accordance with
a Court order.[96] |
Amount determined by the
court.[97] |
None |
Must be approved by the
court.[98] |
Yes[99] |
|
|
Yes |
Lien claimant must take
action on bond within 90 days of receiving notice of bond.[100] |
Claim amount[101] |
Notice of recording the
bond must be given to the lien claimant by serving a copy of the notice and a
copy of the bond.[102] |
Specified, statutory form
to use for the bond.[103] |
Yes[104] |
|
|
Yes |
Lien claimant has 10 days
to appeal the sufficiency of the surety on the bond following notification.[105] |
200% of the claim amount.[106] |
County clerk must notify
each lien claimant within 10 days after the bond’s filing.[107] |
None |
Yes[108] |
|
|
Yes |
After the commencement of
an action by either the lien claimant or the owner, anyone with an interest
in the property may apply to the court for a release.[109] Lien claimant must take
action on bond with one year of lien’s filing.[110] |
The value of the bond set
by the court shall not be less than the aggregate of the following: (1) the amount claimed in the lien
statement, (2) $18 for every $100 or fraction thereof, to cover interest, (3)
the probable disbursements in an action to enforce the claim for which the
lien statement was filed, (4) an amount not less than double the amount of
attorneys' fees allowed upon the foreclosure under section 582.01, to cover
any allowance the court may make upon the trial for costs and attorneys’ fees
in the action or upon appeal.”[111] |
Lien claimant must receive
notice at least ten days prior to application for bond.[112] |
May recover attorney’s
fees.[113] |
Yes[114] |
|
|
No |
None |
None |
None |
None |
No[115] |
|
|
No |
None |
None |
None |
None |
Yes[116] |
|
|
Yes |
Contracting owner of any
interest in the property may bond over a lien prior to filing of lien
foreclosure action or within 30 days of notification of foreclosure action.[117] Lien claimant must take
action on the bond within two years of filing the lien.[118] |
150% of the claim amount.[119] |
None |
Must be approved by court.[120] May recover attorney’s
fees.[121] |
Yes[122] |
|
|
Yes |
Lien claimant must take
action on bond no later than two years after the lien’s recording.[123] |
115% of the claim amount.[124] |
None |
Bonding party must file
certificate with clerk of the district court verifying bond deposit.[125] |
No[126] |
|
|
Yes |
Lien claimant must bring
action on the bond within nine months of when the lien claimant was notified
that the surety bond was recorded.[127] |
150% of the claim amount.[128] |
Notice requirements will
vary depending on when the bond is filed.[129] |
None |
Yes[130] |
|
|
Yes |
Lien claimant must take
action on bond no later than 120 days after work was last performed.[131] |
Claim amount, plus interest
and costs.[132] |
Must provide reasonable
notice to lien claimant.[133] |
None |
No |
|
|
Yes |
Lien claimant must begin an
action against the bond within one year of when the claimant first performed
its work or within 30 days following written notice sent by certified mail or
personal service from the owner that requires the claimant to commence an
action to establish the lien claim.[134] |
110% of claim amount, plus
$25.[135] |
None |
None |
Yes[136] |
|
|
Yes |
Lien claimant must take
action on bond no later than two years after lien claim is filed.[137] |
Determined by the court,
but the amount must be sufficient to cover damages, court costs, and
attorney’s fees.[138] |
None |
May recover attorney’s
fees.[139] Must be approved by the
court.[140] |
No |
|
|
Yes |
Lien claimant must make
claim on bond within eight months of final performance[141] and take action within one year of filing claim on
bond.[142] |
An amount directed by the
court, but not less than the amount unpaid.[143] |
None |
Must be approved by the
court.[144] |
Yes[145] |
|
|
Yes |
Lien claimant must take
action on bond within 180 days after last furnishing of labor or materials.[146] |
125% of claim amount.[147] |
None |
May recover attorney’s fees.[148] |
Yes[149] |
|
|
Yes |
Lien claimant has 7 days in which to file an
exception to the sufficiency of the sureties with the clerk.[150] Lien claimant must take action on bond within 30
days upon written demand of the owner or within three years after the lien’s
recording.[151] |
Claim amount, plus all
costs.[152] |
Lien claimant (or its agent
or attorney) must receive notice personally or by registered mail.[153] |
Must be brought with two
sureties.[154] |
No |
|
|
Yes |
Lien claimant must take
action on the bond within six years of the lien’s filing.[155] |
If the claim is $5,000 or
less, the value of the bond must be 200% of claim amount. For claims exceeding $5,000, the bond
amount must be 150% of claim amount.[156] |
Upon application to the
court of common pleas for the approval of the bond, notice of a hearing
regarding that application must be given to the lienholder or its agent.[157] |
May recover attorney’s
fees.[158] Filing the bond requires
court approval.[159] |
No |
|
|
Yes |
Lien claimant must provide
objection to county clerk within 10 days of being notified of the bond.[160] The lien claimant must take
action on the bond within 10 years of receiving notification.[161] |
125% of the claim amount.[162] |
County clerk must notify
the lien claimant of the bond within three days of posting.[163] |
Attorney’s fees may be
recovered.[164] |
No |
|
|
Yes |
Lien claimant must take
action on bond within 120 days after lien’s filing.[165] A bond may be filed at any
time after the filing of the claim of lien.[166] |
150% of the claim amount or
$1,000, whichever is greater.[167] |
Must provide notice of the
filing of the bond and a copy thereof to the lien claimant within 20 days
after bond filing.[168] |
May recover attorney’s
fees.[169] |
No |
|
|
Yes |
If the contractor has
posted a bond guaranteeing payment for labor and materials provided by subcontractors,
then the right to file a lien in the first place may be waived.[170] |
Bond or Other Security
Deposit: Sum equal to 200% the amount
of the required cash deposit, or such lesser amount approved by the Court,
must be deposited.[171] Cash Deposit: Sum equal to the amount of the claim must
be deposited.[172] |
After notice and hearing, a
court may order that the amount of the cash or other security deposited be
increased or decreased, allow security to be substituted, and/or take other
actions.[173] |
None |
Yes.[174] |
|
|
Yes |
Bond may be filed only
after lien claim is filed.[175] Where no lien foreclosure
suit has been commenced at the time of the bond’s filing, the lien claimant
must take action on the bond within 40 days of the lien’s filing.[176] Where a lien foreclosure
suit is pending, the lien claimant has 60 days to amend their suit and
include the surety as a defendant.[177] |
Claim amount, plus costs,
interest, and attorney’s fees.[178] |
None |
May recover attorney’s
fees.[179] |
Yes[180] |
|
|
Yes |
Lien claimant must take action
on bond within six months of last work performed.[181] |
133% of the claim amount.[182] |
None |
May recover attorney’s
fees, to be determined by the court.[183] |
Yes[184] |
|
|
Yes |
Lien claimant must take
action on bond within one year of lien’s discharge.[185] |
200% of the claim amount,
to cover interest and costs. Must be
executed by at least two sureties.[186] |
Must serve notice to lien
claimant at least 10 days prior to bond application.[187] |
None |
No[188] |
|
|
Yes |
Lien claimant must take
action on bond within one year after abandonment or completion of work.[189] |
Claim amount[190] |
None |
None |
Yes[191] |
|
|
Yes |
Lien claimant must take
action on bond within one year of notice of bond or after the date on which
the underlying lien claim becomes unenforceable.[192] |
200% of the claim amount for
claims totaling $40,000 or less. If the claim is for more
than $40,000, then the bond must equal 150% of the claim amount.[193] |
County clerk must provide
notice to lien claimant after the bond’s filing.[194] |
May recover attorney’s
fees.[195] |
No |
|
|
Yes |
If suit is pending at time
of bond filing, lien claimant must take action on bond within 90 days of
receiving notice.[196] If suit is not pending at
time of bond filing, the lien claimant shall have six months after receiving
notice to take action on the bond, except that no action may be commenced
after two years from the date the notice was recorded.[197] |
150% of the claim amount
for claims of $25,000 or more. 175% of
the claim for claims of at least $15,000 but less than $25,000. 200% of the claim amount for claims of less
than $15,000.[198] |
Must provide notice to lien
claimant no later than 30 days after the bond’s filing.[199] |
May recover attorney’s
fees.[200] |
Yes.[201] |
|
|
Yes |
Lien claimant must take
action on bond within 180 days of lien’s filing.[202] |
Amount to be determined by
judge.[203] |
None |
Must be approved by court.[204] |
Yes[205] |
|
|
Yes. |
The bond may be filed
either before or after a suit is brought to enforce the lien.[206] |
If a bond is deposited,
then the amount is 200% the amount of the lien plus the costs of the suit.[207] If cash is
deposited, then the amount must equal a sum sufficient to discharge the lien
plus the costs of suit.[208] |
After five days notice to
the lienor, the general contractor or other party in interest may apply for
permission to pay into the court a sufficient amount of money or to file a
bond.[209] |
None |
No.[210] |
|
|
Yes |
Bond may be filed either
before or after the commencement of an action to enforce a lien in the county
where the lien was recorded.[211] Action to recover on the
bond must be taken within eight months of when the lien is recorded, or the
bond will be discharged.[212] |
If the lien is $10,000 or
less: The bond must be in an amount
equal to the greater of $5,000 or two times the amount of the lien claimed.[213] If the lien is greater than
$10,000: The bond must be in an amount
equal to or greater than 150% the amount of the lien.[214] |
None |
The surety providing the
bond must be listed in the latest federal department of the treasury list of
surety companies acceptable on federal bonds.[215] |
No. |
|
|
Yes |
Owner must record the
contract and the bond in the office of the county commissioner’s clerk in the
county where the project is located prior to the start of construction.[216] |
The amount of the contract
price.[217] |
None |
None |
No.[218] |
|
|
Yes |
The timing proceeds as though
no bond had been filed.[219] If no action
to foreclose the lien is brought within two years of filing a claim for lien,
the clerk will return the bond to the party filing or depositing it.[220] |
125% of the claim amount.[221] |
Either the person against
whom the lien is claimed or the person depositing the bond must service
notice of the filing of the bond that states where and when the security was
deposited.[222] |
None |
No.[223] |
|
|
Yes |
Bond may be filed at any
time prior to a final judgment in an action to foreclose the lien.[224] A lien
claimant whose lien is satisfied by the filing of the bond must bring an
action upon the bond within 180 days of when the lien statement was initially
filed.[225] |
150% of the lien claim.[226] |
Upon the filing of the
bond, the court clerk of the district court in the county where the lien was
filed will issue a notice of satisfaction of lien that may be filed to show
that the lien was satisfied. |
Felony criminal liability
may attach if a general contractor provides an affidavit to the owner stating
that all subcontractors and suppliers have been paid knowing that they have
not been paid.[227] |
Yes.[228] |
[1] Ala.
Code § 35-11-233(b)(2).
[2] Id. §§ 35-11-233(e) and 35-11-221.
[3] Id. § 35-11-233(b)(2).
[4] Id. § 35-11-233(c).
[5]
Noland Co. v. Southern Dev. Co., Inc., 445 So. 2d 266, 270 (
[6] Alaska Stat. § 34.35.080(a).
[7] Id. § 34.35.072.
[8] Id. § 34.35.117(a).
[9]
[10] Id. §§ 34.35.117(b) and 34.35.120(10).
[11]
Ariz. Rev. Stat. Ann. § 33-1004(D)(1).
[12]
Id.
§ 33-1004(D)(2).
[13] Id. § 33-1004(B).
[14] Id. § 33-1004(C).
[15] Id. § 33-998(B).
[16] Id. § 33-1008(A).
[17] Ark. Code. Ann. § 18-44-118(B).
[18] Id. §§ 18-44-118(c)(1) and 18-44-119.
[19]
Id.
§ 18-44-118(a)(1).
[20]
[21]
Id. § 18-44-128.
[22] Cal. Civ. Code § 3144.5.
[23]
[24]
[25]
Michael J. Jurkovich and Amanda Glenn Hebesha,
[26] Cal. Civ. Code § 3262(b) (specifying the conditions under which lien waiver and releases may be made and the waivers and releases that must be signed, all of which relate to waiving or releasing lien rights on activities to date); see also Michael J. Jurkovich and Amanda Glenn Hebesha, California Construction and Design Law, in Aba Guide 95, 119.
[27] Colo. Rev. Stat. §§ 38-22-133; 38-22-110.
[28] Id. § 38-22-131(2).
[29]
[30] Id. § 38-22-119.
[31] Conn. Gen. Stat. § 49-37(a).
[32] Id.; but see id. § 42-158o (stating that a surety is not obligated to pay interest, costs, penalties, or attorney fees imposed unless the bond’s terms expressly reference the sections providing for such payments and state that the surety is obligated to make such payments).
[33]
[34]
[35] Conn. Gen. Stat. § 52-249; but see id. § 42-158o (stating that a surety is not obligated to pay interest, costs, penalties, or attorney fees imposed unless the bond’s terms expressly reference the sections providing for such payments and state that the surety is obligated to make such payments)..
[36] Id. § 52-158l.
[37] Del.
Code Ann. tit. 25,2729(d).
[38]
[39] Id. § 2729(d).
[40] Id. § 2706(b).
[41]
[42] D.C. Code § 40-303.16.
[43]
[44]
[45]
[46]
[47] Id. § 40-303.02.
[48] Fla. Stat. §§ 713.22 & 713.24 (4).
[49] Id. § 713.24.
[50]
[51]
[52] Id. § 713.20.
[53] Ga. Code Ann. § 44-14-364(a).
[54]
[55]
[56] Id. § 44-14-366.
[57] Haw. Rev. Stat. § 507-43(e).
[58] Id. § 507-45.
[59]
[60] Tred R. Eyerly et al, Hawaii Construction and Design Law, in Aba Guide 275, 286 (stating that no custom exists for the use of “no lien” contracts and that scrutinization of Hawaii’s common law would be necessary to determine enforceability).
[61] Idaho
Code Ann. § 45-510.
[62] Id. § 45-519.
[63] Id. § 45-520(3).
[64] Id. § 45-519.
[65]
[66]
Though there is not an anti-advance lien waiver statute,
[67] 770 Ill. Comp. Stat. 60/1(d).
[68] Ind. Code § 32-28-3-11.
[69] Id. § 32-28-3-6.
[70]
[71]
[72]
[73]
[74] Iowa Code § 572.27.
[75] Id. § 572.15.
[76] Id.
[77] Id. § 572.13.
[78] Kan. Stat. Ann. § 60-1105.
[79] Id. § 60-1110.
[80] Id.
[81] Id. § 16-1803.
[82] Ky. Rev. Stat. Ann. § 376-100.
[83]
[84]
[85]
[86]
[87] La. Civ. Code Add. art. 9:4823.
[88]
[89]
[90] Id.
[91]
Id.
[92] Me. Rev. Stat. Ann. tit. 10, § 3263.
[93]
[94]
[95]
[96] Md. Code Ann., Real Prop. § 9-109.
[97] Md. Rule 12-307.
[98] Id.
[99] Md. Code Ann., Real Prop. § 9-113 (applying to executory contracts between contractors and subcontractors that are related to construction, alteration, or repair of a building, structure, or improvement).
[100] Mass. Gen. Laws ch. 254, § 14.
[101]
[102]
[103]
[104] Advance lien waivers may
or may not be allowed under Massachusetts law depending upon the party being
asked to make the waiver. See, e.g., Todd L. Tisdale, Ann M.
Sobolewski, and Wendy K. Thomas, Massachusetts Construction and Design Law, in
[105] Mich. Comp. Laws § 570.1116(2).
[106] Id. § 570.1116(1).
[107]
[108] Id. § 570.1115(1).
[109] Minn. Stat. § 514.10.
[110]
[111] Id. § 514.10.
[112] Id.
[113] Id.
[114]
[115] Rod Clement and Bo
Harwell, Mississippi Construction and Design Law, in
[116] Mo. Rev. Stat. § 429.005.
[117] Mont. Code Ann. § 71-3-551(1).
[118] Id. §§ 71-3-553 and 71-3-562.
[119] Id. § 71-3-551(2).
[120] Id.
[121] Id. § 71-3-551(3).
[122] Id. § 28-2-723.
[123] Neb. Rev. Stat. § 52-140(1).
[124] Id.§ 52-142(a).
[125] Id. § 52-142(b).
[126] Id. § 52-144 (stating that a written lien waiver signed by the claimant does not require consideration and is effective even if issued before the contracting or furnishing of materials and/or services).
[127] Nev. Rev. Stat. § 108.2421(2)(b)(1).
[128] Id. § 108.2415(1).
[129] Id. § 108.2415(4).
[130]
[131] N.H. Rev. Stat. § 447:9.
[132] Id. § 511:49.
[133] Id. § 511:48.
[134] N.J. Stat. Ann. § 2A:44A-14.
[135] Id. § 2A:44A-31.
[137] N.M. Stat. § 48-2-10.
[138] Id. § 48-2-9(B).
[139]
[140]
[141] N.Y. Lien Law § 10(1).
[142] Id. § 17.
[143] Id. § 37(1).
[144] Id. § 37(4).
[145] Id. § 34.
[146] N.C. Gen. Stat. §
44A-13(a).
[147] Id. § 44A-16.
[148] Id. § 44A-35.
[149] Id. § 44A-12(f).
[150] N.D. Cent. Code § 35-21-04.
[151]
[152]
[153]
[154]
[155] Ohio Rev. Code Ann. § 1311.13(C).
[156] Id. § 1311.11(C)(1).
[157]
[158] Id. § 1311.16.
[159]
[160] Okla. Stat. tit. 42, § 147.1.
[161]
[162]
[163]
[164] Id.
[165] Or. Rev. Stat. §§ 87.055 & 87.083.
[166]
[167] Id. § 87.076(1).
[168] Id. § 87.078(1).
[169] Id. § 87.076(1).
[170] 49 Pa. Stat. Ann. § 1401.
[171] Id. § 1510(d).
[172] Id. § 1510(a).
[173] Id. § 1510(e).
[174] Id. § 1401. Waivers
are still permitted in some situations under the statute, though.
[175] R.I. Gen. Laws § 34-28-17(a).
[176]
[177]
[178]
[179] Id.
[180] Id. § 34-28-1(b).
[181] S.C. Code Ann. §§ 29-5-110 & 29-5-120.
[182] Id. § 29-5-110
[183] Id. § 29-5-10.
[184] Id. § 29-7-20(2).
[185] S.D. Codified Laws § 44-4-8.
[186] Id. § 44-4-3.
[187] Id. § 44-4-5.
[188] Id. § 44-9A-1.
[189] Tenn. Code Ann. § 66-11-106.
[190] Id. § 66-11-142(a).
[191] Id. § 66-11-124(b).
[192] Tex. Prop. Code Ann. §§ 53.175 and 53.158 .
[193] Id. § 53.175(a).
[194] Id. § 53.173.
[195] Id. §§ 53.156 and 53.172.
[196]
[197] Id. § 38-1-28(5)(ii)(6).
[198] Id. § 38-1-28(2)(ii)(A-C).
[199] Id. § 38-1-28(2)(v)(4)(a).
[200] Id. § 38-1-28(2)(iv)(B).
[201]
[202] Vt. Stat. Ann. tit. 9, § 1924.
[203]
[204]
[205] Vt. Stat. Ann. tit. 9, § 1921(f).
[206] Va. Code Ann. §§ 43-70 & 43-71.
[207] Id. §§ 43-70 & 43-71.
[208]
[209]
[210]
[211] Wash. Rev. Code. § 60.04.161.
[212]
[213]
[214]
[215]
[216]
[217]
[218] James R. Snyder &
Ellen S. Cappellanti,
[219]
[220]
[221] Id. § 779.08(1) & (2).
[222]
[223] Id. § 779.05.
[224]
[225]
[226]
[227]
[228]