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House File 467

Partial Bill History

Bill Text

  1  1    Section 1.  Section 446.19A, Code 1999, is amended to read
  1  2 as follows:
  1  5    Notwithstanding section 446.18 On the day of the regular
  1  6 tax sale or any continuance or adjournment of the tax sale, a
  1  7 city or county or the Iowa finance authority homesteading
  1  8 program may purchase bid for abandoned property assessed as
  1  9 residential property or as commercial multifamily housing
  1 10 which did not sell at an annual tax sale under section 446.7
  1 11 for property a sum equal to the total amount due.  When such a
  1 12 bid is received from the city, county, or Iowa finance
  1 13 authority homesteading program, the treasurer shall end the
  1 14 bidding on that parcel and a tax sale certificate shall be
  1 15 issued.  Money shall not be paid by the county or other tax-
  1 16 levying or tax-certifying body for the purchase, but each of
  1 17 the tax-levying and tax-certifying bodies having any interest
  1 18 in the taxes shall be charged with the total amount due the
  1 19 tax-levying or tax-certifying body as its just share of the
  1 20 purchase price.  Prior to the purchase the city or county
  1 21 shall file with the county treasurer a verified statement that
  1 22 a parcel to be purchased is abandoned and deteriorating in
  1 23 condition or is, or is likely to become, a public nuisance,
  1 24 and that the parcel is suitable for use for low or moderate
  1 25 income housing following rehabilitation.  For the purposes of
  1 26 this section, "abandoned" means the same as in section 657A.1.
  1 27    If, during the one-year-and-nine-month period after the
  1 28 date that a parcel is sold pursuant to this chapter, or after
  1 29 the nine-month period from the date that a parcel is sold
  1 30 under section 446.18, 446.38, or 446.39, property assessed as
  1 31 residential property or as commercial multifamily housing
  1 32 property, is identified as abandoned pursuant to a verified
  1 33 statement filed with the county treasurer by a city or county
  1 34 in the form set forth in the immediately preceding paragraph,
  1 35 a city or county may repurchase the tax sale certificate that
  2  1 had been issued for such property by paying to the holder of
  2  2 such certificate the full amount due on the date such
  2  3 repurchase is made.
  2  4    The city or county may sell the certificate of purchase
  2  5 obtained pursuant to this section.  Preference shall be given
  2  6 to purchasers who are low or moderate income families or
  2  7 organizations which assist low and moderate income families to
  2  8 obtain housing.  For the purpose of this section, "low or
  2  9 moderate income families" has the same meaning as in section
  2 10 403.17.  All persons who purchase certificates under this
  2 11 section shall demonstrate the intent to rehabilitate the
  2 12 property for habitation if the property is not redeemed.  In
  2 13 the alternative, the county may, if title to the property has
  2 14 vested in the county under section 447.9, dispose of the
  2 15 property in accordance with section 331.361.
  2 16    Sec. 2.  Section 447.9, subsection 1, Code 1999, is amended
  2 17 to read as follows:
  2 18    1.  After one year and nine months from the date of sale,
  2 19 or after nine months from the date of a sale made under
  2 20 section 446.18, 446.19A, or 446.39, or after nine months from
  2 21 the date that a tax sale certificate is repurchased by a city
  2 22 or county under section 446.19A, the holder of the certificate
  2 23 of purchase may cause to be served upon the person in
  2 24 possession of the parcel, and also upon the person in whose
  2 25 name the parcel is taxed, a notice signed by the certificate
  2 26 holder or the certificate holder's agent or attorney, stating
  2 27 the date of sale, the description of the parcel sold, the name
  2 28 of the purchaser, and that the right of redemption will expire
  2 29 and a deed for the parcel be made unless redemption is made
  2 30 within ninety days from the completed service of the notice.
  2 31 If the person to whom the notice is directed resides in Iowa,
  2 32 the notice shall be served in the manner provided for service
  2 33 of original notices in the rules of civil procedure.  The If
  2 34 the person to whom the notice is directed is not a resident of
  2 35 the state, the notice shall be served by both regular mail and
  3  1 certified mail to the person's last known address and such
  3  2 notice is deemed completed when the notice by certified mail
  3  3 is deposited in the mail and postmarked for delivery.  The
  3  4 ninety-day redemption period begins as provided in section
  3  5 447.12.  When the notice is given by a county as a holder of a
  3  6 certificate of purchase the notice shall be signed by the
  3  7 county treasurer or the county attorney, and when given by a
  3  8 city, it shall be signed by the city officer designated by
  3  9 resolution of the council.  When the notice is given by the
  3 10 Iowa finance authority or a city or county agency holding the
  3 11 parcel as part of an Iowa homesteading project, it shall be
  3 12 signed on behalf of the agency or authority by one of its
  3 13 officers, as authorized in rules of the agency or authority.
  3 14    Sec. 3.  EFFECTIVE AND APPLICABILITY DATE.  This Act, being
  3 15 deemed of immediate importance, takes effect upon enactment
  3 16 and applies to parcels first offered for sale at the tax sale
  3 17 held in June 1999, and in subsequent years.  
  3 18                           EXPLANATION
  3 19    This bill allows a city, county, or the Iowa finance
  3 20 authority under its homesteading program to bid on parcels
  3 21 containing abandoned property at the annual tax sale.  Current
  3 22 law allows these entities to bid on such parcels after the
  3 23 parcel has been offered at tax sale and not been sold.  The
  3 24 bill defines abandoned property as property that has remained
  3 25 vacant and in violation of the applicable local housing code
  3 26 for a period of six months or more.
  3 27    The bill provides that once one of these three entities
  3 28 bids the full amount due on a parcel, all bidding on that
  3 29 parcel shall end and the county shall issue a tax sale
  3 30 certificate to the county, city, or the finance authority.
  3 31    The bill provides that the redemption period on a parcel
  3 32 containing abandoned property that is bid on and purchased by
  3 33 a city, county, or the finance authority shall be nine months
  3 34 from the date of sale rather than one year and nine months
  3 35 from the date of sale.  The bill further provides that notice
  4  1 of the right of expiration of redemption shall be served on
  4  2 the person in possession of the property and the person listed
  4  3 as the taxpayer on the property by personal service if that
  4  4 person is a resident of Iowa.  Current law provides that
  4  5 service of this notice be made by regular and certified mail
  4  6 to both residents and nonresidents of the state.
  4  7    The bill takes effect upon enactment and applies to parcels
  4  8 offered for sale at the tax sale held in June 1999, and in
  4  9 subsequent years.  
  4 10 LSB 1920HH 78
  4 11 sc/jw/5

Text: HF00466                           Text: HF00468
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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