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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial
hearing on the petition occur not earlier than 30 days nor more than 90 days following the
filing of the petition. At the judicial hearing, any interested party shall have the right
to be heard and to contest the delinquency of the municipal code lien, the adequacy of the
proceedings, the classification of the property as owner occupied, and the amount of the tax
payoff. If the court determines that the information set forth in the petition is accurate,
the court shall render its judgment and order that: (1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition
are delinquent. (3) Proper notice has been given to all interested parties. (4) The property
is not owner occupied. (5) The property as described in the petition be sold in accordance
with the provisions of this article. (6) The sale shall become final and...
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33-17-8
Section 33-17-8 Powers enumerated. The authority shall have the following powers: (1) To have
succession by its corporate name without time limit; (2) To bring civil actions and have civil
actions brought against it and to prosecute and defend in any court having jurisdiction of
the subject matter and of the parties; (3) To have and to use a corporate seal and to alter
the same at pleasure; (4) To receive, take and hold by sale, gift, lease, devise or otherwise
real and personal property of every kind and description, and to manage the same; (5) To acquire
by purchase, gift or the exercise of the power of eminent domain, or by any other lawful means,
any property, whether real, personal or mixed, the acquisition of which is found by the board
to be necessary or convenient to the authority in the carrying out of the purposes for which
the authority is authorized to be organized, and to lease or convey any such property or to
cause any such property to be leased or conveyed to the United...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
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40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
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2-6-75
Section 2-6-75 Powers of corporation - Generally. The corporation shall have the following
powers, together with all powers incidental thereto or necessary or convenient to the discharge
thereof in corporate form: (1) To have succession by its corporate name until dissolved as
provided in this article; (2) To sue and be sued and to prosecute and defend civil actions
in any court having jurisdiction of the subject matter and of the parties; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To make and alter all
needful bylaws, rules and regulations for the transaction of the corporation's business and
the control of its property and affairs; (5) To borrow money and, in evidence of such borrowing,
to sell and issue its securities (whether or not bearing periodic interest) as herein provided
for any corporate use or purpose; (6) To pledge for the payment of the principal of, premium,
if any, and interest on such securities, any funds or revenues from...
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40-10-121
Section 40-10-121 Manner of redemption of land sold to 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 heretofore or hereafter sold to the state, the party desiring to make
such redemption shall apply therefor as hereinafter provided and 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 thereon at the rate of 12 percent, together with the amount of all
taxes found to be due on such land since the date of sale, as provided herein, with interest
at the rate of 12 percent and all costs and fees due to officers. (b) Upon application to
the probate judge to redeem land where the same has been sold to the state for taxes, which
application shall be made on blank forms to be furnished by the Land...
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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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11-15-7
Section 11-15-7 Powers generally. The corporation shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name until dissolved as provided in this chapter;
(2) To sue and be sued and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; (3) To make use of a corporate seal and to alter
the same at pleasure; (4) To acquire, whether by purchase, gift, lease, devise or otherwise,
property of every description and to hold title thereto; (5) To construct, enlarge, equip,
improve, maintain and operate one or more projects; (6) To sell and issue and do all things
incidental to the sale and issuance of its interest-bearing revenue warrants and to secure
the same by pledge and mortgage as provided in this chapter; (7) To appoint and employ such
agents, architects and attorneys as the business of the corporation may...
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11-70-8
Section 11-70-8 Right to redeem; judgment. (a) If an interested party appears at the hearing
and asserts a right to redeem the property, the party may redeem the property by paying all
the taxes, interest, municipal liens, penalties, fees, and any other charges due and owing
pursuant to Chapter 10 of Title 40, including the amount due to the land commissioner had
the property not been sold to the municipality. (b) If an interested party appears and fails
to redeem, or if no one appears, the circuit court shall enter judgment on the petition not
more than 10 days after the date the matter was heard. (c) The judgment of the circuit court
shall specify all of the following: (1) The legal description, tax parcel identification number,
and, if known, the street address of the property foreclosed. (2) That fee simple title to
property foreclosed by the judgment is vested absolutely in the municipality, except as otherwise
provided in subdivision (5) without any further rights of redemption....
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