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Senate File 448

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 448
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE PURCHASE OF CERTAIN PARCELS WITH DELINQUENT
  1  5    TAXES BY A CITY OR COUNTY, AND PROVIDING EFFECTIVE AND
  1  6    APPLICABILITY DATES.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  9 
  1 10    Section 1.  Section 446.19A, Code 1999, is amended by
  1 11 striking the section and inserting in lieu thereof the
  1 12 following:
  1 13    446.19A  PURCHASE BY COUNTY OR CITY FOR LOW OR MODERATE
  1 14 INCOME HOUSING.
  1 15    1.  The board of supervisors of a county may adopt an
  1 16 ordinance authorizing the county and each city in the county
  1 17 to bid on and purchase delinquent taxes and to assign tax sale
  1 18 certificates of abandoned property.  This section may only be
  1 19 used by a county or by a city in the county if such an
  1 20 ordinance is in effect.
  1 21    2.  On the day of the regular tax sale or any continuance
  1 22 or adjournment of the tax sale, the county or a city may bid
  1 23 for abandoned property assessed as residential property or as
  1 24 commercial multifamily housing property a sum equal to the
  1 25 total amount due.  Money shall not be paid by the county or
  1 26 city for the purchase, but each of the tax-levying and tax-
  1 27 certifying bodies having any interest in the taxes shall be
  1 28 charged with the total amount due the tax-levying or tax-
  1 29 certifying body as its just share of the purchase price.
  1 30 Prior to the purchase, the county or city shall file with the
  1 31 county treasurer a verified statement that a parcel to be
  1 32 purchased is abandoned and deteriorating in condition or is,
  1 33 or is likely to become, a public nuisance, and that the parcel
  1 34 is suitable for use for low or moderate income housing
  1 35 following rehabilitation.
  2  1    3.  If after the date that a parcel is sold pursuant to
  2  2 this chapter, or after the date that a parcel is sold under
  2  3 section 446.18, 446.38, or 446.39, the parcel assessed as
  2  4 residential property or as commercial multifamily housing
  2  5 property is identified as abandoned pursuant to a verified
  2  6 statement filed with the county treasurer by a city or county
  2  7 in the form set forth in subsection 2, a city or county may
  2  8 require the assignment of the tax sale certificate that had
  2  9 been issued for such parcel by paying to the holder of such
  2 10 certificate the total amount due on the date the assignment of
  2 11 the certificate is made to the county or city and recorded
  2 12 with the county treasurer.  If the certificate is not assigned
  2 13 by the county or city pursuant to subsection 4, the county or
  2 14 city, whichever is applicable, is liable for the tax sale
  2 15 interest that was due the certificate holder pursuant to
  2 16 section 447.1, as of the date of assignment.
  2 17    4.  a.  The city or county may assign the tax sale
  2 18 certificate obtained pursuant to this section.  Preference
  2 19 shall be given to purchasers who are low or moderate income
  2 20 families or organizations which assist low or moderate income
  2 21 families to obtain housing.  Persons who purchase certificates
  2 22 from the city or county under this subsection are liable for
  2 23 the total amount due the certificate holder pursuant to
  2 24 section 447.1.
  2 25    b.  All persons who purchase certificates from the city or
  2 26 county under this subsection shall demonstrate the intent to
  2 27 rehabilitate the property for habitation if the property is
  2 28 not redeemed.  In the alternative, the county or city may, if
  2 29 title to the property has vested in the county or city under
  2 30 section 448.1, dispose of the property in accordance with
  2 31 section 331.361 or 364.7, as applicable.
  2 32    5.  For the purposes of this section, "abandoned" means the
  2 33 same as in section 657A.1.  For the purposes of this section,
  2 34 "low or moderate income families" has the same meaning as in
  2 35 section 403.17.
  3  1    Sec. 2.  Section 447.9, subsection 1, Code 1999, is amended
  3  2 to read as follows:
  3  3    1.  After one year and nine months from the date of sale,
  3  4 or after nine months from the date of a sale made under
  3  5 section 446.18, 446.19A, or 446.39, the holder of the
  3  6 certificate of purchase may cause to be served upon the person
  3  7 in possession of the parcel, and also upon the person in whose
  3  8 name the parcel is taxed, a notice signed by the certificate
  3  9 holder or the certificate holder's agent or attorney, stating
  3 10 the date of sale, the description of the parcel sold, the name
  3 11 of the purchaser, and that the right of redemption will expire
  3 12 and a deed for the parcel be made unless redemption is made
  3 13 within ninety days from the completed service of the notice.
  3 14 The notice shall be served by both regular mail and certified
  3 15 mail to the person's last known address and such notice is
  3 16 deemed completed when the notice by certified mail is
  3 17 deposited in the mail and postmarked for delivery.  The
  3 18 ninety-day redemption period begins as provided in section
  3 19 447.12.  When the notice is given by a county as a holder of a
  3 20 certificate of purchase the notice shall be signed by the
  3 21 county treasurer or the county attorney, and when given by a
  3 22 city, it shall be signed by the city officer designated by
  3 23 resolution of the council.  When the notice is given by the
  3 24 Iowa finance authority or a city or county agency holding the
  3 25 parcel as part of an Iowa homesteading project, it shall be
  3 26 signed on behalf of the agency or authority by one of its
  3 27 officers, as authorized in rules of the agency or authority.
  3 28    Sec. 3.  EFFECTIVE AND APPLICABILITY DATE.  This Act, being
  3 29 deemed of immediate importance, takes effect upon enactment
  3 30 and applies to parcels first offered for sale at the tax sale
  3 31 held in June 1999, and in subsequent years.  
  3 32 
  3 33 
  3 34                                                             
  3 35                               MARY E. KRAMER
  4  1                               President of the Senate
  4  2 
  4  3 
  4  4                                                             
  4  5                               RON J. CORBETT
  4  6                               Speaker of the House
  4  7 
  4  8    I hereby certify that this bill originated in the Senate and
  4  9 is known as Senate File 448, Seventy-eighth General Assembly.
  4 10 
  4 11 
  4 12                                                             
  4 13                               MICHAEL E. MARSHALL
  4 14                               Secretary of the Senate
  4 15 Approved                , 1999
  4 16 
  4 17 
  4 18                               
  4 19 THOMAS J. VILSACK
  4 20 Governor
     

Text: SF00447                           Text: SF00449
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