§ 38-39-105 — Removal of improvements from encumbered property

(1) An
owner of real property shall not remove any improvement therefrom without first
obtaining the written consent of the holder of any lien recorded prior to October 1,
1990, and the holder of the indebtedness secured by the deed of trust or mortgage
having the most senior lien which encumbers such real property. This section shall
not apply where any such improvement is expressly excepted from such lien.

(2) Any person who violates the provisions of subsection (1) of this section
commits:

(a) A petty offense if the amount is less than three hundred dollars;

(b) A class 2 misdemeanor if the amount is three hundred dollars or more but
less than one thousand dollars;

(c) A class 1 misdemeanor if the amount is one thousand dollars or more but
less than two thousand dollars;

(d) A class 6 felony if the amount is more than two thousand dollars but less
than five thousand dollars;

(e) A class 5 felony if the amount is five thousand dollars or more but less
than twenty thousand dollars;

(f) A class 4 felony if the amount is twenty thousand dollars or more but less
than one hundred thousand dollars;

(g) A class 3 felony if the amount is one hundred thousand dollars or more
but less than one million dollars; and

(h) A class 2 felony if the amount is one million dollars or more.

Legislative History

Source: L. 90: Entire article R&RE, p. 1676, � 3, effective October 1. L. 2002: (2) amended, p. 1555, � 344, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3293, � 687, effective March 1, 2022.