Introduced Version




Citations Affected: IC 6-1.1.

Synopsis: Provides a three year optional tax sale provision for Lake County. Provides that the county commissioners may adopt a resolution that a tax sale certificate may be sold at a price less than the minimum price after the property has not sold for the minimum price at two tax sales. Provides that the proceeds from a sale are to be allocated on a pro rata basis among the taxing units and that any credit to the taxing unit for delinquent taxes is extinguished by the sale.

Effective: July 1, 2000.


    January 10, 2000, read first time and referred to Committee on Ways and Means.


Second Regular Session 111th General Assembly (2000)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning taxation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-24-6.2; (00)IN1217.1.1. -->     SECTION 1. IC 6-1.1-24-6.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6.2. (a) This section applies to a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
    (b) The county commissioners may:
        (1) by resolution, identify the property:
            (A) described in section 6.7(a) of this chapter; and
            (B) concerning which the county commissioners desire to offer to the public the certificates of sale acquired by the county under section 6 of this chapter;
        (2) set a date, time, and place for a public sale of these certificates of sale that is not earlier than ninety (90) days after the public notice; and
        (3) sell the certificates of sale covered by the resolution for a price that is less than the minimum sales price required by this chapter.
    (c) Notice of the list of properties prepared under subsection (b) and the date, time, and place for the public sale of the certificates of sale shall be published in accordance with IC 5-3-1. The notice must include a description of the property by:
        (1) legal description; and
        (2) parcel number or street address, or both.
The notice must specify that the county commissioners will accept bids for the certificates of sale that are below the minimum sale price required by this chapter. Sales under this section must be before January 1, 2003.
    (d) If a person purchases a certificate of sale under this section and has applied for a deed for the tract or item of real property covered by a certificate of sale as required by IC 6-1.1-25 , the county commissioners, on behalf of the county, shall cause all delinquent taxes, special assessments, penalties, interest, and costs of sale to be removed from the tax duplicate and the county auditor to prepare a deed transferring the property to the purchaser. A tax deed executed under this section vests in the grantee an estate in fee simple absolute, free and clear of all liens and encumbrances created or suffered before or after the tax sale except those liens granted priority under federal law and the lien of the state or a political subdivision for taxes and special assessments that accrue subsequent to the sale and that are not removed under this subsection. However, the estate is subject to all easements, covenants, declarations, and other deed restrictions and laws governing land use, including all zoning restrictions and liens and encumbrances created or suffered by the purchaser at the tax sale. The deed is prima facie evidence of:
        (1) the regularity of the sale of the real property described in the deed;
        (2) the regularity of all proper proceedings; and
        (3) valid title in fee simple in the grantee of the deed.
    (e) Upon the issuance of a deed under this section, the county auditor shall allocate the proceeds to each affected taxing unit in proportion to the delinquent taxes due each taxing unit, and any credit to the taxing unit under section 6 of this chapter is canceled.

SOURCE: IC 6-1.1-25-7; (00)IN1217.1.2. -->     SECTION 2. IC 6-1.1-25-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) The holder of a certificate of sale, or his successors or assigns, shall have the county auditor execute a deed to the real property within two (2) years after the date of the sale. If the purchaser, or his successors or assigns, fails to have the county auditor execute a deed within that time period, the purchaser's lien against the real property terminates at the end of the

time period. However, this section does not apply if the county or city is the holder of the certificate of sale. This section does apply if the county has sold the certificate of sale under IC 6-1.1-24-6.2.
    (b) If the purchaser does not provide notice prior to the expiration of the period of redemption as specified in IC 6-1.1-25-4.5 , the purchaser's lien against the real property terminates thirty-one (31) days after the expiration of the redemption period.