2000 Legislation
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SENATE BILL NO. 1399 – Cnty property, sale, contract

SENATE BILL NO. 1399

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Daily Data Tracking History



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

Bill Text


 S1399
                                                                        
                                                                        
  ||||              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 / Fiscal Impact


               
     
                 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