DETERMINATION OF PROPERTY.
Board of County Commissioners (BoCC) review real property list, and
determine what to sell at public auction.
ADVERTISE NOTICE OF AUCTION.
BoCC have Notice of Auction prepared and published in South Idaho Press
in accordance with Idaho Code § 60-106. The notice shall comply with the
following:
a. Publish
not less than ten (10) days prior to auction.
b. Shall contain legal description of property, and next to such
description
shall place name of delinquent taxpayer.
c. Shall contain street address of property.
d. If located outside of city limits and does not have a street
address,
then the description shall also contain the distance and
direction of the
location of the real property from the closest city.
PROPERTY SHALL BE SOLD TO THE HIGHEST
BIDDER.
a. BoCC
may reserve right to reject any and all bids
b. BoCC have discretionary authority to reject or accept any bid made
for
an amount less than total amount of delinquent taxes, late
charges,
costs and interest.
APPLICATION OF PROCEEDS OF SALE.
a. First
applied to reimburse County for costs of advertising and sale.
b. Then, apportion to taxing districts in which property is located.
PURCHASE PROCESS.
-
a. Can be
purchased on contract with County.
i. Contract must be recorded.
ii. Term cannot exceed ten (10) years
iii. Interest rate not to exceed rate specified by I.C.
Section 28-22-104(1)
iv. BoCC have authority to cancel contract if purchaser fails
to comply with
contract terms and County retains all
payments made on contract
v. Title to all property sold on contract is retained in name
of Cassia County
until full payment is made by
purchaser
vi. Purchaser shall be responsible for payment of all
property taxes during
period of contract
b. Sale of property vests all right, title and interest, which was
held by Cassia
County in the subject property, in the purchaser. (Including
all delinquent
taxes which become a lien on the property.)
c. In addition to the purchase price, the purchaser shall pay all fees
required by
law for transfer of property.
d. If property is not sold, or is not bid upon, at public auction,
then county may
sell, without further notice, at public or private sale.
REAL PROPERTY EXCHANGE – CONSOLIDATION.
When it is in the County’s best interests, the BoCC may exchange real
property owned by the County for real property of equal value.
ODD-LOT PROPERTY.
a.
Defined: of irregular shape or a remnant and has value primarily to
adjoining property owner; and
b. Not needed for public purposes; and
c. Is excess to the needs of the County.
d. May be sold to adjacent property owner:
i. Establish Fair Market Value – by licensed appraiser.
ii. Written notice of willingness to sell to adjoining land
owner.
iii. If after 30 days, adjoining landowner does not want,
then may sell
to interested parties at appraised
value.
iv. Must publicly advertise in South Idaho Press at least one
time.
v. Public must be given 15 days to object to sale in writing.
vi. BoCC must make final determination regarding sale of
odd-lot in
open meeting.
EXCHANGE WITH OTHER PUBLIC ENTITIES.
May exchange tax deed and other surplus real property with federal
government, State of Idaho, any political subdivision or taxing
district, or Idaho Historical Society.
[Items #2 – #8 based on Idaho Code Section 31-808]
REDEMPTION OF TAX DEEDED PROPERTY
(I.C. Section 63-1007)
a. After
issuance of tax deed to County, may be redeemed only by record
owner or party in interest, up to the time BoCC have entered into a
contract of sale or the property has been transferred by County
deed.
b. To redeem – have to pay any delinquency including late charges,
accrued interest and costs.
c. Once payments are made, then County will issue a Redemption Deed.
d. Right of Redemption shall expire, if property not earlier sold by
County, three (3) years from the date of issuance of the tax deed
to
the County.
MISCELLANEOUS INFORMATION.
a. Payment
may be made by cash, cashier’s check or personal check, bankable the
day of sale. If payment does not clear on the first attempt, the bid
will be disqualified and the property may be awarded to the next
highest, responsible bidder.
b. Bids may be submitted by mail. The bidder is responsible to assure
that a mailed bid is received by the county prior to commencement of
the public auction.