Introduced Version
HOUSE BILL No. 1103
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 6-1.1-25-4
.
Synopsis: Expedited tax sale in certain counties. Provides that, in a
county that contains a first or second class city, the redemption of
certain property sold at a tax sale must occur within 180 days after the
date of the sale.
Effective: July 1, 2002.
Day, Buell
January 8, 2002, read first time and referred to Committee on Ways and Means.
Introduced
Second Regular Session 112th General Assembly (2002)
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HOUSE BILL No. 1103
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 6-1.1-25-4; (02)IN1103.1.1. -->
SECTION 1.
IC 6-1.1-25-4
, AS AMENDED BY P.L.139-2001,
SECTION 14, AND AS AMENDED BY P.L.198-2001, SECTION 60,
IS AMENDED AND CORRECTED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 4. (a) If a certificate of sale is
issued to a purchaser under IC 6-1.1-24-9 and the real property is not
redeemed within: The period for redemption of real property sold
under
IC 6-1.1-24
is:
(1) one (1) year after the date of sale in a county that does not
contain a first or second class city;
(2) one hundred eighty (180) days after the date of sale in a
county that contains a first or second class city;
(3) one hundred twenty (120) days after the county acquires a lien
on the property under
IC 6-1.1-24-6
;
(3) (4) one hundred twenty (120) days from after the date of sale
to a purchasing agency qualified under
IC 36-7-17
;
(4) (5) one hundred twenty (120) days from after the date of sale
of real property on the list prepared under
IC 6-1.1-24-1.5
; or
(5) (6) one hundred twenty (120) days after the date of sale under
IC 6-1.1-24-5.5
(b).
as extended by compliance with the notice provisions in section 4.5 of
this chapter, the county auditor shall, upon receipt of the certificate
and subject to the limitations contained in this chapter, execute and
deliver a deed for the property to the purchaser. If a certificate of sale
is issued to a county under IC 6-1.1-24-9 and the real property is not
redeemed within one (1) year after the date of sale, the county auditor
shall, upon receipt of the certificate and subject to the limitations
contained in this chapter, issue a deed for the property to the county.
The county auditor shall execute deeds issued under this section in the
name of the state under the county auditor's name and seal. If a
certificate of sale is lost before the execution of a deed, the county
auditor shall, subject to the limitations in this chapter, execute and
deliver a deed if the court has made a finding that the certificate did
exist.
(b) When a deed for real property is executed under this section,
chapter, the county auditor shall cancel the certificate of sale and file
the canceled certificate in his the office of the county auditor. If real
property that appears on the list prepared under
IC 6-1.1-24-1.5
is
offered for sale and an amount that is at least equal to the minimum
sale price required under
IC 6-1.1-24-5
(e) is not received, the county
auditor shall issue a deed to the real property in the manner provided
in
IC 6-1.1-24-6.5.
(c) When a deed is issued to a county under this section, chapter,
the taxes and special assessments for which the real property was
offered for sale, and all subsequent taxes, special assessments, interest,
penalties, and cost of sale shall be removed from the tax duplicate in
the same manner that taxes are removed by certificate of error.
(d) A tax deed executed under this section chapter 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 which
accrue subsequent to the sale and which are not removed under
subsection (c). However, the estate is subject to:
(1) all easements, covenants, declarations, and other deed
restrictions shown by public records; and
(2) laws, governing land use, ordinances, and regulations
concerning governmental police powers, including all zoning,
restrictions building, land use, improvements on the land, land
division, and environmental protection; and
(3) liens and encumbrances created or suffered by the purchaser
at the tax sale. grantee.
(e) The A tax deed executed under this chapter 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) Notwithstanding the provisions of subsection (a),
(f) A county auditor is not required to execute a deed to the county
under subsection (a) this chapter if the county executive determines
that the property involved contains hazardous waste or another
environmental hazard for which the cost of abatement or alleviation
will exceed the fair market value of the property. The county may enter
the property to conduct environmental investigations.
(f) (g) If the county executive makes the determination under
subsection (e) (f) as to any interest in an oil or gas lease or separate
mineral rights, the county treasurer shall certify all delinquent taxes,
interest, penalties, and costs assessed under
IC 6-1.1-24
to the clerk,
following the procedures in
IC 6-1.1-23-9.
After the date of the county
treasurer's certification, the certified amount is subject to collection as
delinquent personal property taxes under
IC 6-1.1-23.
Notwithstanding
IC 6-1.1-4-12.4
and IC 6-1.1-4-12.5,
IC 6-1.1-4-12.6
, the assessed
value of such an interest shall be zero (0) until production commences.
SOURCE: ; (02)IN1103.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2002]
(a)
IC 6-1.1-25-4
, as
amended by this act, applies only to properties sold at a tax sale
after June 30, 2002.
(b) This SECTION expires July 1, 2006.