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40-10-70
Section 40-10-70 Purchaser to receive assignment of liens. When the sale of any land sold for
the payment of taxes is, for any cause, ineffectual to pass the title to the purchaser, whether
individual or the state, except in the case in which such sales are in this article expressly
declared to be invalid, such sale shall operate as an assignment to the purchaser of the rights
and liens of the state and county in and to the lands sold, both as to the taxes paid at said
sale and as to the taxes subsequently paid by the purchaser, and such liens may be foreclosed
in the same manner as other liens as provided in this title. (Acts 1935, No. 194, p. 256;
Code 1940, T. 51, ยง283.)...
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40-10-135
Section 40-10-135 Deed of state on sale of land bid in by state. When lands have been sold
by the state, as provided in Sections 40-10-132 and 40-10-134, and the purchase money has
been paid, the Land Commissioner, in behalf of the state, shall execute to the purchaser a
deed, duly acknowledged, without warranty or covenant of any kind on the part of the state,
express or implied, conveying to him all the right, title, and interest of the state in and
to the lands purchased by him; and such purchaser shall thereafter have all the right, title,
and interest of the state in and to such lands and shall be held and treated as the assignee
of all the taxes due upon such lands, or for which they were sold, and the penalties and all
of the taxes that should have been under the law assessed upon the same, if they had been
the property of a private citizen of the state, and he shall be clothed with all the rights,
liens, powers, and remedies, whether as a plaintiff or defendant, respecting said...
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24-9-7
Section 24-9-7 Disposition of tax delinquent properties. (a) The authority shall adopt rules
and regulations for the disposition of property in which the authority holds a legal interest,
which rules and regulations shall address the conditions set forth in this section. (b) The
authority may manage, maintain, protect, rent, repair, insure, alter, convey, sell, transfer,
exchange, lease as lessor, or otherwise dispose of property or rights or interests in property
in which the authority holds a legal interest to any public or private person for value determined
by the authority on terms and conditions, and in a manner and for an amount of consideration
the authority considers proper, fair, and valuable, including for no monetary consideration.
The transfer and use of property under this section and the exercise by the authority of powers
and duties under Act 2013-249 shall be considered a necessary public purpose and for the benefit
of the public. (c) Before the authority may sell,...
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40-10-120
Section 40-10-120 When and by whom land may be redeemed. (a) Real estate which hereafter may
be sold for taxes and purchased by the state may be redeemed at any time before the title
passes out of the state or, if purchased by any other purchaser, may be redeemed at any time
within three years from the date of the sale by the owner, his or her heirs, or personal representatives,
or by any mortgagee or purchaser of such lands, or any part thereof, or by any person having
an interest therein, or in any part thereof, legal or equitable, in severalty or as tenant
in common, including a judgment creditor or other creditor having a lien thereon, or on any
part thereof; and an infant or insane person entitled to redeem at any time before the expiration
of three years from the sale may redeem at any time within one year after the removal of the
disability; and such redemption may be of any part of the lands so sold, which includes the
whole of the interest of the redemptioner. If the mortgage...
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40-10-82
Section 40-10-82 Limitation of actions. No action for the recovery of real estate sold for
the payment of taxes shall lie unless the same is brought within three years from the date
when the purchaser became entitled to demand a deed therefor; but if the owner of such real
estate was, at the time of such sale, under the age of 19 years or insane, he or she, his
or her heirs, or legal representatives shall be allowed one year after such disability is
removed to bring an action for the recovery thereof; but this section shall not apply to any
action brought by the state, to cases in which the owner of the real estate sold had paid
the taxes, for the payment of which such real estate was sold prior to such sale, or to cases
in which the real estate sold was not, at the time of the assessment or of the sale, subject
to taxation. There shall be no time limit for recovery of real estate by an owner of land
who has retained possession. If the owner of land seeking to redeem has retained...
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40-10-75
Section 40-10-75 (Effective January 1, 2020) Right where sale proceedings were defective. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. In any action brought related to taxes delinquent
on or after January 1, 2020, the interest rate on any amounts awarded pursuant to this section
shall be eight percent. In any other action brought for the possession of land sold for taxes
delinquent before January 1, 2020, the title of the purchaser at the tax sale shall be defeated
on account of any defect in the proceedings under which the sale is had, or on account of
any defect in or insufficiency of the process by which the owner of the land was brought before
the probate court, as is provided, or in the service of the process, or by reason of the failure
of the judge of probate on account of any negligence or refusal on his or her part to produce
when called upon, sufficient evidence of the proper...
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40-10-122
Section 40-10-122 Manner of redemption when land sold to party other than state. THIS SECTION
WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE
THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. (a) In order to obtain the redemption
of land from tax sales where the same has been sold to one other than the state, the party
desiring to make such redemption shall deposit with the judge of probate of the county in
which the land is situated the amount of money for which the lands were sold, with interest
payable at the rate of 12 percent per annum from date of sale, and, on the portion of any
excess bid that is less than or equal to 15 percent of the market value as established by
the assessing official, together with the amount of all taxes which have been paid by the
purchaser, which fact shall be ascertained by consulting the records in the office of the
tax collector, or other tax collecting official, with interest on the payment at 12...
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40-10-138
Section 40-10-138 Conveyance to Department of Conservation and Natural Resources of land bid
in by state - Deed to department. When lands are required to be conveyed to the Department
of Conservation and Natural Resources, as hereinabove provided, the Land Commissioner, in
behalf of the state, with the approval of the Governor, shall execute to the Department of
Conservation and Natural Resources, a deed, duly acknowledged, without warranty or covenant
of any kind on the part of the state, express or implied, conveying to the said Department
of Conservation and Natural Resources all the right, title, and interest of the state in and
to the lands so conveyed. The Department of Conservation and Natural Resources shall thereafter
have all the right, title, and interest of the state in and to such lands and shall be held
and treated as the assignee of all the taxes due upon such lands or for which they were sold
and the penalties and all of the taxes that should have been under the law...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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11-70A-2
Section 11-70A-2 Initiation and notice of action. (a) Any Class 3 municipality may initiate
an expedited quiet title and foreclosure action under this section against a parcel of tax
sale property located within its municipal limits and purchased by the municipality from the
State Land Commissioner. The municipality shall record, in the office of the judge of probate
in the county in which the property is located, a notice of its intention to file an expedited
quiet title and foreclosure action. The notice shall include a legal description of the property,
street address of the property if available, a statement that the property is subject to expedited
quiet title and foreclosure proceedings under this chapter, and a statement that those proceedings
may extinguish any legal interests in the property. As used herein, "interested parties"
shall mean the owner, his or her heirs or personal representatives, any mortgagee or purchaser
of the subject property or any part thereof, and any...
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