Well, our brand new Harrison County Bail Bond Board has formed and had its initial meeting. At that meeting some officials asked how far the Board can go so far as land put up for security. Can they insist on a title policy? (I think probably not) Also, Harrison County is famous for land held by several cotenants - "heir land" - how can we assure the Board the title to the land put up is not just an undivided interest, other than perform a title search? I realize the prospective licensees are placing their applications under oath, but several of the Board see that as an exercise in futility when it actually comes down to collecting against the property. The code gives much, but they want more. Can they get it?

As usual, there is no substitute for looking something up. The question was apparently settled in the '90's by two AG opinions - Letter Op. 97-102, to Tim Curry, stated neither title opinions nor policies may be required. FM-264 to ruce Isaacks - said the Board may not question the appraised value so long as the appraisal meets the statutory criteria. Both opinions rest on the doctrine that the Boards may not do anything over and above what the statute plainly says they can do. Even though these were written under the old civil statutes version, the reasoning applies. I'll tell my people they can't do it.