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H0238aa.................................................by LOCAL GOVERNMENT
COUNTY PROPERTY - SALE - Amends, adds to and repeals existing law to
provide a new procedure for the sale of county property, including that
acquired by tax deed.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
02/25 Rpt out - to Gen Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 67-0-3
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Linford, Loertscher, Marley, Meyer, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Mader, McKague, Mr Speaker
Floor Sponsor - Hansen(29)
Title apvd - to Senate
03/09 Senate intro - 1st rdg as amen - to Loc Gov
03/11 Rpt out - rec d/p - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 30-1-4
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Geddes, Hawkins, Ingram,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
Sandy, Sorensen, Stegner, Stennett, Thorne, Twiggs, Whitworth
NAYS--Schroeder
Absent and excused--Davis, Frasure, Parry, Wheeler
Floor Sponsor - Bunderson
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 215
Effective: 07/01/99
H0238|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 238, As Amended BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO THE PURCHASE AND SALE OF COUNTY PROPERTY; AMENDING SECTION 31-807, 3 IDAHO CODE, TO PROVIDE FOR THE USE OF A LICENSED APPRAISER AND TO PROVIDE 4 WHEN AN APPRAISAL SHALL NOT BE REQUIRED; REPEALING SECTIONS 31-808, 5 31-808A, 31-808B, 31-834 AND 31-835, IDAHO CODE; AND AMENDING CHAPTER 8, 6 TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-808, IDAHO CODE, 7 TO PROVIDE FOR A PROCESS FOR THE SALE OF COUNTY PROPERTY INCLUDING PROP- 8 ERTY ACQUIRED BY TAX DEED. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 31-807, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 31-807. MANAGEMENT OF COUNTY PROPERTY. A board of county commis- 13 sioners shall have the power and authority tTo purchase, 14 receive by donation, or lease any real or personal property necessary for the 15 use of the county; preserve, take care of, manage and control the county prop- 16 erty, but no purchase of real property must be made unless the value of the 17 same has been previously estimated bythree (3) disinterested citizens18of the county, appointed by them for that purposea real estate 19 appraiser licensed to appraise real property in the state of Idaho pursuant to 20 the provisions of chapter 41, title 54, Idaho Code , and no more than 21 the appraised value must be paid therefor. However, if the county asses- 22 sor determines that the value of the real property is five thousand dollars 23 ($5,000) or less, then the appraisal provided in this section shall not be 24 required. 25 SECTION 2. That Sections 31-808, 31-808A, 31-808B, 31-834 and 31-835, 26 Idaho Code, be, and the same are hereby repealed. 27 SECTION 3. That Chapter 8, Title 31, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION , to be 29 known and designated as Section 31-808, Idaho Code, and to read as follows: 30 31-808. SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF PROPERTY 31 ACQUIRED THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF 32 COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA- 33 TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis- 34 sioners shall have the power and authority to sell or offer for sale at public 35 auction any real or personal property belonging to the county not necessary 36 for its use. However, personal property not exceeding two hundred fifty dol- 37 lars ($250) in value may be sold at private sale without notice or public auc- 38 tion. Prior to offering the property for sale, the board of county commis- 39 sioners shall advertise notice of the auction in a newspaper, as defined in 40 section 60-106, Idaho Code, either published in the county or having a general 2 1 circulation in the county, not less than ten (10) calendar days prior to the 2 auction. If the property to be sold is real property, the notice to be pub- 3 lished shall contain the legal description as well as the street address of 4 the property. If the property is outside the corporate limits of a city and 5 does not have a street address, then the description shall also contain the 6 distance and direction of the location of the real property from the closest 7 city. If the property to be sold is acquired by tax deed, the notice required 8 to be published shall include, next to the description of the property, the 9 name of the taxpayer as it appears in the delinquent tax certificate upon 10 which the tax deed was issued. The property shall be sold to the highest bid- 11 der. However, the board of county commissioners may reserve the right to 12 reject any and all bids and shall have discretionary authority to reject or 13 accept any bid which may be made for an amount less than the total amount of 14 all delinquent taxes, late charges, costs and interest which may have accrued 15 against any property so offered for sale, including the amount specified in 16 the tax deed to the county. 17 (2) Proceeds from the sale of county property not acquired by tax deed 18 shall be paid into the county treasury for the general use of the county. If 19 the property to be sold has been acquired by tax deed, pursuant to the provi- 20 sions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after 21 reimbursement to the county for the cost of advertising and sale, shall be 22 apportioned to the taxing districts in which the property is situated accord- 23 ing to the levy applied to the year of delinquency upon which the tax deed was 24 issued to the county. 25 (3) Any property sold may be carried on a recorded contract with the 26 county for a term not to exceed ten (10) years and at an interest rate not to 27 exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The 28 board of county commissioners shall have the authority to cancel any contract 29 if the purchaser fails to comply with any of the terms of the contract and the 30 county shall retain all payments made on the contract. The title to all prop- 31 erty sold on contract shall be retained in the name of the county until full 32 payment has been made by the purchaser. However, the purchaser shall be 33 responsible for payment of all property taxes during the period of the con- 34 tract. 35 (4) Any sale of property by the county shall vest in the purchaser all of 36 the right, title and interest of the county in the property, including all 37 delinquent taxes which have become a lien on the property since the date of 38 issue of the tax deed, if any. 39 (5) In addition to the purchase price, a purchaser of county property, 40 including property acquired by tax deed, shall pay all fees required by law 41 for the transfer of property. No deed for any real estate purchased pursuant 42 to the provisions of this section shall be delivered to a purchaser until such 43 deed has been recorded in the county making the sale. 44 (6) Should the county be unable to sell at a public auction any real or 45 personal property belonging to the county, including property acquired by tax 46 deed, it may sell the property without further notice by public or private 47 sale upon such terms and conditions as the county deems necessary. Distribu- 48 tion of the proceeds of sale shall be as set forth in subsection (2) of this 49 section. 50 (7) The board of county commissioners may at its discretion, when in the 51 county's best interest, exchange and do all things necessary to exchange any 52 of the real property now or hereafter held and owned by the county for real 53 property of equal value, public or private, to consolidate county real prop- 54 erty or aid the county in the control and management or use of county real 55 property. 3 1 (8) The board of county commissioners may, by resolution, declare certain 2 parcels of real property as odd-lot property, all or portions of which are not 3 needed for public purposes and are excess to the needs of the county. For pur- 4 poses of this subsection, odd-lot property is defined as that property that 5 has an irregular shape or is a remnant and has value primarily to an adjoining 6 property owner. Odd-lot property may be sold to an adjacent property owner for 7 fair market value that is estimated by a land appraiser licensed to appraise 8 property in the state of Idaho. If, after thirty (30) days' written notice, an 9 adjoining property owner or owners do not desire to purchase the odd-lot prop- 10 erty, the board of county commissioners may sell the property to any other 11 interested party for not less than the appraised value. When a sale of odd-lot 12 property is agreed to, a public advertisement of the pending sale shall be 13 published in one (1) edition of the newspaper as defined in subsection (1) of 14 this section, and the public shall have fifteen (15) days to object to the 15 sale in writing. The board of county commissioners shall make the final deter- 16 mination regarding the sale of odd-lot property in an open meeting. 17 (9) In addition to any other powers granted by law, the board of county 18 commissioners may at their discretion, grant to or exchange with the federal 19 government, the state of Idaho, any political subdivision or taxing district 20 of the state of Idaho or any local historical society which is incorporated as 21 an Idaho nonprofit corporation which operates primarily in the county or main- 22 tains a museum in the county, with or without compensation, any real or per- 23 sonal property or any interest in such property owned by the county or 24 acquired by tax deed, after adoption of a resolution by the board of county 25 commissioners that the grant or exchange of property is in the public inter- 26 est. Notice of such grant or exchange shall be as provided in subsection (1) 27 of this section and the decision may be made at any regularly or specially 28 scheduled meeting of the board of county commissioners. The execution and 29 delivery by the county of the deed conveying an interest in the property shall 30 operate to discharge and cancel all levies, liens and taxes made or created 31 for the benefit of the state, county or any other political subdivision or 32 taxing district and to cancel all titles or claims of title including claims 33 of redemption to such real property asserted or existing at the time of such 34 conveyance. However, if the property conveyed is subject to a lien for one 35 (1) or more unsatisfied special assessments, the lien shall continue until all 36 special assessments have been paid in full. At no time shall a lien for a 37 special assessment be extinguished prior to such special assessment having 38 been paid in full. Any property conveyed to any local historical society by 39 the county shall revert to the county when the property is no longer utilized 40 for the purposes for which it was conveyed. 41 (10) A highway district or single countywide highway district shall follow 42 the provisions of this section when selling real or personal property belong- 43 ing to it, but not necessary for its use. The proceeds from such sale shall be 44 paid to the highway district or single countywide highway district for its 45 use.
AH0238|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Hansen(29) Seconded by Watson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 238 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 19, following "therefor." 3 insert: " However, if the county assessor determines that the value of 4 the real property is five thousand dollars ($5,000) or less, then the 5 appraisal provided in this section shall not be required. ". 6 CORRECTION TO TITLE 7 On page 1, in line 3, following "APPRAISER" insert: "AND TO PROVIDE WHEN 8 AN APPRAISAL SHALL NOT BE REQUIRED".
STATEMENT OF PURPOSE
RS 08895
The purpose of this legislation is to revise the method used by a
board of county commissioners to purchase and sell county property. The
method of purchase is changed to require the use of a licensed land
appraiser to determine the value of the property. The legislation
provides for the disposition of county property including property
obtained by tax deed and distribution of the proceeds. In addition, the
legislation gives county commissioners the authority to sell, donate or
exchange property to or with another governmental entity with or
without compensation. Finally, this bill repeals two out-dated statutes
and incorporates three current statutes into a single statute.
FISCAL NOTE
There will be no fiscal impact on the State General Fund or any
predictable impact on any political subdivision of the State.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Paul Beddoe
STATEMENT OF PURPOSE/FISCAL NOTE Bill No.H 238