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S1153......................................by LOCAL GOVERNMENT AND TAXATION TAX DEEDS - Amends existing law to provide that the right of redemption expires one year from the date of issuance of a tax deed; to provide that, if a tax deed is issued and payment is not received within one year, the tax deed is presumptive evidence of the regularity of proceedings and fee simple title rests with the county; to provide that possession under a tax deed is conclusive after one year; and to provide that no action shall be maintained to contest a delinquency, assessment or certain proceedings if the purchaser or his successors in interest have paid all property taxes for one year. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Loc Gov 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Wheeler Title apvd - to House 02/26 House intro - 1st rdg - to Rev/Tax 03/07 Rpt out - ref'd to Loc Gov 03/13 Rpt out - rec d/p - to 2nd rdg 03/14 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 54-6-10 AYES -- Barraclough, Bedke, Bell, Bieter, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Harwood, Hornbeck, Jaquet, Kendell, Lake, Langford, Loertscher, Mader, Marley, Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Wheeler, Young, Mr. Speaker NAYS -- Barrett, Eskridge, Higgins, Kellogg, McKague, Wood Absent and excused -- Black, Deal, Gagner, Henbest, Jones, Kunz, Meyer, Moyle, Roberts, Trail Floor Sponsor -- Hornbeck Title apvd - to Senate 03/16 To enrol 03/19 Rpt enrol - Pres signed 03/20 Sp signed 03/21 To Governor 03/26 Governor signed Session Law Chapter 193 Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1153 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO COLLECTION OF DELINQUENCY ON PROPERTY; AMENDING SECTION 63-1007, 3 IDAHO CODE, TO PROVIDE THAT THE RIGHT OF REDEMPTION EXPIRES ONE YEAR FROM 4 THE DATE OF ISSUANCE OF A TAX DEED AND TO PROVIDE THAT IF A TAX DEED IS 5 ISSUED AND PAYMENT IS NOT RECEIVED WITHIN ONE YEAR THE TAX DEED IS PRE- 6 SUMPTIVE EVIDENCE OF THE REGULARITY OF PROCEEDINGS AND FEE SIMPLE TITLE 7 RESTS WITH THE COUNTY; AMENDING SECTION 63-1011, IDAHO CODE, TO PROVIDE 8 THAT POSSESSION UNDER A TAX DEED IS CONCLUSIVE AFTER ONE YEAR AND TO PRO- 9 VIDE THAT NO ACTION SHALL BE MAINTAINED TO CONTEST A DELINQUENCY, ASSESS- 10 MENT OR CERTAIN PROCEEDINGS IF THE PURCHASER OR HIS SUCCESSORS IN INTEREST 11 HAVE PAID ALL PROPERTY TAXES FOR ONE YEAR; AND PROVIDING AN EFFECTIVE 12 DATE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 63-1007, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 63-1007. REDEMPTION -- EXPIRATION OF RIGHT. (1) After the issuance of a 17 tax deed, real property may be redeemed only by the record owner or owners, or 18 party in interest, up to the time the county commissioners have entered into a 19 contract of sale or the property has been transferred by county deed. In order 20 to redeem real property, the record owner or owners, or party in interest 21 shall pay any delinquency including the late charges, accrued interest, and 22 costs, including, but not limited to, title search and other professional 23 fees. The property taxes accrued against such property subsequent to the issu- 24 ance of a tax deed to the county shall be extended upon a valuation to be 25 given by the assessor upon application of the tax collector. The property 26 taxes shall be computed according to the authorized levies for the year or 27 years to be extended, including the current calendar year which shall be cal- 28 culated using the previous year's levies until the current levies are autho- 29 rized. 30 (2) Should such payments be made, a redemption deed shall be issued by 31 the county tax collector into the name of the redemptioner and the rights, 32 title and interest acquired by the county shall cease and terminate; provided 33 however, that such right of redemption shall expirethreeone (31) yearsfrom 34 the date of issuance of a tax deed to the county, in the event the county 35 commissioners have not extinguished the right of redemption by contract of 36 sale or transfer by county deed during said redemption period. In the event a 37 tax deed is issued and payment is not received withinthreeone (31) yearsof 38 the issuance of such tax deed, then said tax deed to the county is presumptive 39 evidence of the regularity of all proceedings prior thereto and the fee simple 40 title, after the issuance of said tax deed, rests in the county. 41 SECTION 2. That Section 63-1011, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 63-1011. POSSESSION UNDER TAX DEED CONCLUSIVE AS TO REGULARITY OF PRO- 2 CEEDINGS. (1) Any and all tax deeds issued by counties, or any other municipal 3 or quasi-municipal corporations of the state of Idaho, authorized by law to 4 issue deeds for delinquencies or assessments, shall, when the property has 5 been sold by such counties or other municipal or quasi-municipal corporations 6 and held and peaceably possessed by the purchaser or his successors in inter- 7 est for more thanthreeone (31) yearsand upon which the purchaser or his 8 successors in interest have paid all property taxes lawfully assessed thereon 9 for such period, be conclusive as to the regularity and validity of all pro- 10 ceedings required by law to be done in making the levy, assessment, or sale of 11 such property for the delinquency or assessment for which such property was 12 sold. 13 (2) No action shall be maintained to contest any delinquency or assess- 14 ment, or the proceedings upon which the tax deed has been issued after such 15 property has been sold by the taxing agency, and the purchaser or his succes- 16 sors in interest have paid all property taxes legally levied or assessed 17 thereon for a period ofthreeone (31) years, and such purchaser's deed from 18 such county or other taxing agency, shall be conclusive evidence of the doing 19 of each and all of the acts, and taking of each and all proceedings required 20 by law as to the issuance of a valid tax deed to such property. 21 SECTION 3. This act shall be in full force and effect on and after Janu- 22 ary 1, 2002.
STATEMENT OF PURPOSE RS 10966 The purpose of this legislation is to condense certain time frames in the process by which a tax deed is issued on delinquent property. This legislation amends Section 63-1007 to shorten the right of redemption period after a tax deed has been issued to one year and amends Section 63-1011 to provide that possession under a tax deed is conclusive, and shall not be contested, after one year. This legislation does not lessen the initial three years of allowable delinquency before a tax deed is issued. FISCAL IMPACT There is no known fiscal impact. CONTACT: Idaho Association of Counties Phone: 345-9126 Maggie Mahoney, Dan Chadwick or Tony Poinelli STATEMENT OF PURPOSE/FISCAL IMPACT S 115