MADAM PRESIDENT:
The Senate Committee on Financial Institutions, to which was referred House Bill No. 1568,
has had the same under consideration and begs leave to report the same back to the Senate
with the recommendation that said bill be AMENDED as follows:
of the financial institution's trade or business.
(d) (e) Except as provided in subsections (h) and (i) and (j), if:
(1) land assessed on an acreage basis is subdivided into lots; or
(2) land is rezoned for, or put to, a different use;
the land shall be reassessed on the basis of its new classification.
(e) (f) If improvements are added to real property, the improvements
shall be assessed.
(f) (g) An assessment or reassessment made under this section is
effective on the next assessment date.
(g) (h) No petition to the department of local government finance is
necessary with respect to an assessment or reassessment made under
this section.
(h) (i) Subject to subsection (i), (j), land in inventory may not be
reassessed until the next assessment date following the earliest of:
(1) the date on which title to the land is transferred by:
(A) the land developer; or
(B) a successor land developer that acquires title to the land;
to a person that is not a land developer;
(2) the date on which construction of a structure begins on the
land; or
(3) the date on which a building permit is issued for construction
of a building or structure on the land.
(i) (j) Subsection (h) (i) applies regardless of whether the land in
inventory is rezoned while a land developer holds title to the land.".
designated under section 1(a)(2) of this chapter; or
(ii) not occupied by a tenant or a person having a
substantial property interest of public record in the
parcel.
(4) On the date the certificate of sale for the parcel is offered for
sale under this chapter, the parcel is contiguous to one (1) or more
parcels that satisfy the following:
(A) One (1) or more of the following are located on the
contiguous parcel:
(i) A structure occupied for residential use.
(ii) A structure used in conjunction with a structure
occupied for residential use.
(B) The contiguous parcel is eligible for the standard
deduction under IC 6-1.1-12-37.
(c) The A county legislative body may by adopt an ordinance
establish authorizing the sale of certificates of sale in the county
under this section and establishing criteria for the identification of
vacant parcels for which the certificates of sale are to be offered for
sale under this section. The criteria may include the following:
(1) Limitations on the use of the parcel under local zoning and
land use requirements.
(2) If the parcel is unimproved, the minimum parcel area
sufficient for construction of improvements.
(3) Any other factor considered appropriate by the county
legislative body.
In a county containing a consolidated city, the county legislative body
may adopt an ordinance under this subsection only upon
recommendation by the board of commissioners provided in
IC 36-3-3-10.
(d) If the county legislative body adopts an ordinance under
subsection (c), the county executive shall for each tax sale under this
section:
(1) by resolution, and subject to the criteria adopted by the
county legislative body under subsection (c), identify each
vacant parcel that for which the county executive desires to sell
the certificate of sale under this section; and
(2) subject to subsection (e), give written notice to the owner of
record of each parcel referred to in subsection (b)(4) that is
contiguous to the vacant parcel.
(e) The notice under subsection (d)(2) with respect to each vacant
parcel must include at least the following:
(1) A description of the vacant parcel by:
(A) legal description; and
(B) parcel number or street address, or both.
(2) Notice that the county executive will accept written
applications from owners of parcels described in subsection (b)(4)
as provided in subsection (f).
(3) Notice of the deadline for applications referred to in
subdivision (2) and of the information to be included in the
applications.
(4) Notice that the certificate of sale for the vacant parcel will be
sold to the successful applicant for:
(A) one dollar ($1); plus
(B) the amounts described in section 5(f)(4) through 5(f)(6)
of this chapter.
(5) Notice of the exemption provisions of subsection (l).
(f) To be eligible to purchase the certificate of sale for a vacant
parcel under this section, the owner of a contiguous parcel referred to
in subsection (b)(4) must file a written application with the county
executive. The application must:
(1) identify the vacant parcel certificate of sale that the applicant
desires to purchase; and
(2) include any other information required by the county
executive.
(g) If more than one (1) application to purchase the certificate of
sale for a single vacant parcel is filed with the county executive, the
county executive shall conduct a drawing between or among the
applicants in which each applicant has an equal chance to be selected
as the transferee of the certificate of sale for the vacant parcel.
(h) The county executive shall by resolution make a final
determination concerning the vacant parcels certificates of sale that
are to be sold under this section.
(i) After the final determination of the certificates of sale for
vacant parcels to be sold under subsection (h), the county executive
shall:
(1) on behalf of the county, cause all delinquent taxes, special
assessments, penalties, and interest and costs of sale with respect
to the vacant parcels to be removed from the tax duplicate; and
(2) give notice of the final determination to:
(A) the successful applicant;
(B) the county auditor; and
(C) the township assessor, or the county assessor if there is no
township assessor for the township.
(j) Upon receipt of notice under subsection (i)(2), (1) the county
auditor shall (A) collect the purchase price from each successful
applicant. and (B) subject to subsection (k), prepare a deed transferring
each vacant parcel to the successful applicant; and (2) the township
assessor or county assessor shall consolidate each vacant parcel sold
and the contiguous parcel owned by the successful applicant into a
single parcel.
(k) The county auditor shall include in the deed prepared under
subsection (j)(1)(B) reference to the exemption under subsection (l).
(l) (k) This subsection applies only to a vacant parcel
consolidated with a successful applicant's contiguous parcel under
this section before July 1, 2013. Except as provided in Subject to
subsection (m), (l), each consolidated parcel referred to in subsection
(j)(2) is entitled to an exemption exempt from property taxation for the
period beginning on the assessment date that next succeeds the
consolidation in the amount of the assessed value at the time of
consolidation of the vacant parcel that was subject to the consolidation.
(m) (l) This subsection applies only to a vacant parcel
consolidated with a successful applicant's contiguous parcel under
this section before July 1, 2013. The exemption under subsection (l)
(k) is terminated as of the assessment date that next succeeds the
earlier of the following:
(1) Five (5) years after the transfer of title to the successful
applicant.
(2) The first transfer of title to the consolidated parcel that occurs
after the consolidation.".
Delete pages 4 through 6.
Page 7, delete line 1.
JULY 1, 2013]: Sec. 4.6. (a) After the expiration of the redemption
period specified in section 4 of this chapter but not later than six (6)
months after the expiration of the period of redemption:
(1) the purchaser, the purchaser's assignee, the county executive,
or the purchaser of the certificate of sale under IC 6-1.1-24 may;
or
(2) in a county where the county auditor and county treasurer
have an agreement under section 4.7 of this chapter, the county
auditor shall, upon the request of the purchaser or the purchaser's
assignee;
file a verified petition in the same court and under the same cause
number in which the judgment of sale was entered asking the court to
direct the county auditor to issue a tax deed if the real property is not
redeemed from the sale. Notice of the filing of this petition shall be
given to the same parties and in the same manner as provided in section
4.5 of this chapter, except that, if notice is given by publication, only
one (1) publication is required. The notice required by this section is
considered sufficient if the notice is sent to the address required by
section 4.5(d) of this chapter. Any person owning or having an interest
in the tract or real property may file a written objection to the petition
with the court not later than thirty (30) days after the date the petition
was filed. If a written objection is timely filed, the court shall conduct
a hearing on the objection.
(b) Not later than sixty-one (61) days after the petition is filed under
subsection (a), the court shall enter an order directing the county
auditor (on the production of the certificate of sale and a copy of the
order) to issue to the petitioner a tax deed if the court finds that the
following conditions exist:
(1) The time of redemption has expired.
(2) The tract or real property has not been redeemed from the sale
before the expiration of the period of redemption specified in
section 4 of this chapter.
(3) Except with respect to a petition for the issuance of a tax deed
under a sale of the certificate of sale on the property under
IC 6-1.1-24-6.1 or IC 6-1.1-24-6.8, all taxes and special
assessments, penalties, and costs have been paid.
(4) The notices required by this section and section 4.5 of this
chapter have been given.
purchaser of the certificate of sale under IC 6-1.1-24 files a claim
with the county auditor for refund not later than thirty (30) days
after the entry of the order of the court refusing to direct the
county auditor to execute and deliver the tax deed;
the county auditor shall not execute the deed but shall refund the
purchase money minus a penalty of twenty-five percent (25%) of the
purchase money from the county treasury to the purchaser, the
purchaser's successors or assignees, or the purchaser of the certificate
of sale under IC 6-1.1-24. The county auditor shall deposit penalties
paid under this subsection in the county general fund. All the
delinquent taxes and special assessments shall then be reinstated and
recharged to the tax duplicate and collected in the same manner as if
the property had not been offered for sale. The tract or item of real
property, if it is then eligible for sale under IC 6-1.1-24, shall be placed
on the delinquent list as an initial offering under IC 6-1.1-24.
(f) Notwithstanding subsections (d) and (e), the court shall not order
the return of the purchase price or any part of the purchase price if:
(1) the purchaser or the purchaser of the certificate of sale under
IC 6-1.1-24 has failed to provide notice or has provided
insufficient notice as required by section 4.5 of this chapter; and
(2) the sale is otherwise valid.
(g) 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. 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.
(h) A tax deed issued under this section is incontestable except by
appeal from the order of the court directing the county auditor to issue
the tax deed filed not later than sixty (60) days after the date of the
court's order.".
and when so amended that said bill do pass.
Committee Vote: Yeas 7, Nays 0.
Holdman