MUNICIPAL WATER LIENS
Act 178 of 1939
123.165 Priority of lien; applicability of act where lease provides lessor not liable for payment of bills; affidavit.
Sec. 5.
The lien created by this act shall, after June 7, 1939, have priority over all other liens except taxes or special assessments whether or not the other liens accrued or were recorded before the accrual of the water or sewage system lien created by this act. However, this act shall not apply if a lease has been legally executed, containing a provision that the lessor shall not be liable for payment of water or sewage system bills accruing subsequent to the filing of the affidavit provided by this section. An affidavit with respect to the execution of a lease containing this provision shall be filed with the board, commission, or other official in charge of the water works system or sewage system, or both, and 20 days' notice shall be given by the lessor of any cancellation, change in, or termination of the lease. The affidavit shall contain a notation of the expiration date of the lease.
History: 1939, Act 178, Imd. Eff. June 8, 1939 ;-- CL 1948, 123.165 ;-- Am. 1981, Act 132, Imd. Eff. Oct. 7, 1981
Notes of Decisions
NL Ventures VI Farmington, LLC v. City of Livonia, 886 N.W.2d 772 (Mich. Ct. App. 2015).
· cites it 5× “” Prioritization of liens created within this statutory scheme and a mechanism for lessors to avoid liability for the imposition of liens are discussed in MCL 123.165. The enforcement and collection of liens is addressed in MCL 123.”
Sau-Tuk Indus., Inc. v. Allegan Cnty., 892 N.W.2d 33 (Mich. Ct. App. 2016).
· cites it 2× “[Holland City Code, § 37-33; see also MCL 123.165.] IX. FACTS AND PROCEEDINGS Sau-Tuk owns the property at issue in these appeals and leased it to MWP for an initial lease term that extended from November 1, 2006, to October 31, 2011.”
In re Shefa, LLC, 524 B.R. 717 (Bankr. E.D. Mich. 2015).
· cites it 2× “” See also Mich. Comp. Laws Ann. § 123.165 (“The lien created by this act [for water and sewerage charges] shall .”
Eric M Hartfiel v. City of Eastpointe (Mich. Ct. App. 2020).
· cites it 21× “Plaintiff asserted that defendant’s liens were prohibited because he complied with the requirements of MCL 123.165 and MCL 141.121 for both rental properties.”
in Re Petition of Allegan Cnty. Treasurer for Foreclosure (Mich. Ct. App. 2016).
· cites it 2× “[Holland Code, § 37-33; see also MCL 123.165.] II. FACTS AND PROCEEDINGS Sau-Tuk owns the property at issue in these appeals and leased it to MWP for an initial lease term of from November 1, 2006 to October 31, 2011.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.