A municipality may impose a lien against the land on which a building stands or stood to recover payment of repair removal or demolish expenses unless what condition exists?

• A. The Property is a homestead
• B. The Property is in a flood zone
• C. The Property is in a historic district
• D. The Property is new construction

Answer: (A)

The situation tests homestead protection. In Texas, a city can recover repair, removal, or demolition costs by placing a lien on the land, but this lien cannot be imposed if the property is the owner’s homestead—their primary residence. The homestead protection safeguards the home from most creditor claims, so the condition that prevents the lien is that the property is a homestead. Being in a flood zone, in a historic district, or being new construction does not provide this shield, so those factors don’t stop the lien.