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S1399......................................by LOCAL GOVERNMENT AND TAXATION COUNTY PROPERTY - SALE - Amends existing law to provide that any real property sold by a county may be carried on a recorded contract with the county for a term not to exceed ten years, at a maximum interest rate. 02/10 Senate intro - 1st rdg - to printing 02/11 Rpt prt - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1399 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SALE OF COUNTY PROPERTY; AMENDING SECTION 31-808, IDAHO CODE, TO 3 PROVIDE THAT ANY REAL PROPERTY SOLD MAY BE CARRIED ON A RECORDED CONTRACT 4 WITH THE COUNTY FOR A TERM NOT TO EXCEED TEN YEARS AT A MAXIMUM INTEREST 5 RATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 31-808, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 31-808. SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF PROPERTY 10 ACQUIRED THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF 11 COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA- 12 TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis- 13 sioners shall have the power and authority to sell or offer for sale at public 14 auction any real or personal property belonging to the county not necessary 15 for its use. However, personal property not exceeding two hundred fifty dol- 16 lars ($250) in value may be sold at private sale without notice or public auc- 17 tion. Prior to offering the property for sale, the board of county commission- 18 ers shall advertise notice of the auction in a newspaper, as defined in sec- 19 tion 60-106, Idaho Code, either published in the county or having a general 20 circulation in the county, not less than ten (10) calendar days prior to the 21 auction. If the property to be sold is real property, the notice to be pub- 22 lished shall contain the legal description as well as the street address of 23 the property. If the property is outside the corporate limits of a city and 24 does not have a street address, then the description shall also contain the 25 distance and direction of the location of the real property from the closest 26 city. If the property to be sold is acquired by tax deed, the notice required 27 to be published shall include, next to the description of the property, the 28 name of the taxpayer as it appears in the delinquent tax certificate upon 29 which the tax deed was issued. The property shall be sold to the highest bid- 30 der. However, the board of county commissioners may reserve the right to 31 reject any and all bids and shall have discretionary authority to reject or 32 accept any bid which may be made for an amount less than the total amount of 33 all delinquent taxes, late charges, costs and interest which may have accrued 34 against any property so offered for sale, including the amount specified in 35 the tax deed to the county. 36 (2) Proceeds from the sale of county property not acquired by tax deed 37 shall be paid into the county treasury for the general use of the county. If 38 the property to be sold has been acquired by tax deed, pursuant to the provi- 39 sions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after 40 reimbursement to the county for the cost of advertising and sale, shall be 41 apportioned to the taxing districts in which the property is situated accord- 42 ing to the levy applied to the year of delinquency upon which the tax deed was 43 issued to the county. 2 1 (3) Any real property sold may be carried on a recorded contract with the 2 county for a term not to exceed ten (10) years and at an interest rate not to 3 exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The 4 board of county commissioners shall have the authority to cancel any contract 5 if the purchaser fails to comply with any of the terms of the contract and the 6 county shall retain all payments made on the contract. The title to all prop- 7 erty sold on contract shall be retained in the name of the county until full 8 payment has been made by the purchaser. However, the purchaser shall be 9 responsible for payment of all property taxes during the period of the con- 10 tract. 11 (4) Any sale of property by the county shall vest in the purchaser all of 12 the right, title and interest of the county in the property, including all 13 delinquent taxes which have become a lien on the property since the date of 14 issue of the tax deed, if any. 15 (5) In addition to the purchase price, a purchaser of county property, 16 including property acquired by tax deed, shall pay all fees required by law 17 for the transfer of property. No deed for any real estate purchased pursuant 18 to the provisions of this section shall be delivered to a purchaser until such 19 deed has been recorded in the county making the sale. 20 (6) Should the county be unable to sell at a public auction any real or 21 personal property belonging to the county, including property acquired by tax 22 deed, it may sell the property without further notice by public or private 23 sale upon such terms and conditions as the county deems necessary. Distribu- 24 tion of the proceeds of sale shall be as set forth in subsection (2) of this 25 section. 26 (7) The board of county commissioners may at its discretion, when in the 27 county's best interest, exchange and do all things necessary to exchange any 28 of the real property now or hereafter held and owned by the county for real 29 property of equal value, public or private, to consolidate county real prop- 30 erty or aid the county in the control and management or use of county real 31 property. 32 (8) The board of county commissioners may, by resolution, declare certain 33 parcels of real property as odd-lot property, all or portions of which are not 34 needed for public purposes and are excess to the needs of the county. For pur- 35 poses of this subsection, odd-lot property is defined as that property that 36 has an irregular shape or is a remnant and has value primarily to an adjoining 37 property owner. Odd-lot property may be sold to an adjacent property owner for 38 fair market value that is estimated by a land appraiser licensed to appraise 39 property in the state of Idaho. If, after thirty (30) days' written notice, an 40 adjoining property owner or owners do not desire to purchase the odd-lot prop- 41 erty, the board of county commissioners may sell the property to any other 42 interested party for not less than the appraised value. When a sale of odd-lot 43 property is agreed to, a public advertisement of the pending sale shall be 44 published in one (1) edition of the newspaper as defined in subsection (1) of 45 this section, and the public shall have fifteen (15) days to object to the 46 sale in writing. The board of county commissioners shall make the final deter- 47 mination regarding the sale of odd-lot property in an open meeting. 48 (9) In addition to any other powers granted by law, the board of county 49 commissioners may at their discretion, grant to or exchange with the federal 50 government, the state of Idaho, any political subdivision or taxing district 51 of the state of Idaho or any local historical society which is incorporated as 52 an Idaho nonprofit corporation which operates primarily in the county or main- 53 tains a museum in the county, with or without compensation, any real or per- 54 sonal property or any interest in such property owned by the county or 55 acquired by tax deed, after adoption of a resolution by the board of county 3 1 commissioners that the grant or exchange of property is in the public inter- 2 est. Notice of such grant or exchange shall be as provided in subsection (1) 3 of this section and the decision may be made at any regularly or specially 4 scheduled meeting of the board of county commissioners. The execution and 5 delivery by the county of the deed conveying an interest in the property shall 6 operate to discharge and cancel all levies, liens and taxes made or created 7 for the benefit of the state, county or any other political subdivision or 8 taxing district and to cancel all titles or claims of title including claims 9 of redemption to such real property asserted or existing at the time of such 10 conveyance. However, if the property conveyed is subject to a lien for one (1) 11 or more unsatisfied special assessments, the lien shall continue until all 12 special assessments have been paid in full. At no time shall a lien for a spe- 13 cial assessment be extinguished prior to such special assessment having been 14 paid in full. Any property conveyed to any local historical society by the 15 county shall revert to the county when the property is no longer utilized for 16 the purposes for which it was conveyed. 17 (10) A highway district or single countywide highway district shall follow 18 the provisions of this section when selling real or personal property belong- 19 ing to it, but not necessary for its use. The proceeds from such sale shall be 20 paid to the highway district or single countywide highway district for its 21 use.
STATEMENT OF PURPOSE RS09884 This measure would amend Idaho Code to provide that only "real" property may be sold and carried on contract with the county for a term not to exceed ten(10) years. FISCAL NOTE There is no fiscal impact. CONTACT: Senator Clint Stennett 332-1351 STATEMENT OF PURPOSE/FISCAL NOTE S 1399