CHAPTER 569
ACQUISITION OF TITLE BY STATE OR MUNICIPAL CORPORATIONS

Referred to in §331.361

  
     
569.1  Right to receive conveyance.
  When it becomes necessary, to secure the state or any county or other municipal corporation thereof from loss, to take real estate on account of a debt by bidding the same in at execution sale or otherwise, the conveyance shall vest in the grantee as complete a title as if it were a natural person.
[C73, §1910; C97, §2894; C24, 27, 31, 35, 39, §10246; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.1]

  
     
569.2  Bidding in at execution sale.
  Such real estate shall be bid in, if for the state, by the attorney general, if for the county, by the county attorney, and if for any other municipal corporation, by its attorney or agent appointed for that purpose, the proceeds of any such real estate, when sold, to be covered into the state, county, or municipal treasury, as the case may be, for the use of the general or the special fund to which it rightfully belongs.
[C73, §1911; C97, §2895; C24, 27, 31, 35, 39, §10247; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.2]
Referred to in §331.756(63)
Bidding at tax sale, §446.19, 468.158 

     
569.3  Amount of bid.
  When real estate is sold as above provided, the fair and reasonable value shall be bid therefor, unless in excess of the judgment, interest, costs, and accruing costs, in which case the bid shall be for such sum only.
[C73, §1912; C97, §2896; C24, 27, 31, 35, 39, §10248; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.3]

  
     
569.4  Costs and expenses.
  1.  In all cases in which the state becomes the purchaser of real estate under the provisions of this chapter, the costs and expenses attending such purchases shall be audited and allowed by the director of the department of administrative services, and paid out of any moneys in the state treasury not otherwise appropriated, upon the director’s warrant, and charged to the fund to which the indebtedness belonged upon which such real estate was taken.
  2.  If the real estate is purchased by a county, the costs and expenses shall be audited by the board of supervisors and paid out of the county treasury, upon a warrant drawn by the auditor on the treasurer, from the fund to which the debt belonged upon which said real estate was purchased.
  3.  If the real estate is purchased by any other municipal corporation, then the costs shall be audited and paid by the municipal corporation in the same manner as other claims against the municipal corporation are audited and paid.
[C73, §1913; C97, §2897; C24, 27, 31, 35, 39, §10249; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.4]
2003 Acts, ch 145, §286; 2018 Acts, ch 1041, §110

     
569.5  Management.
  When the title to real estate becomes vested in the state, or in a county or municipality under this chapter, or by conveyance under the statutes relating to taxation, the executive council, board of supervisors, or other governing body, as the case may be, shall manage, control, protect by insurance, lease, or sell said real estate on such terms, conditions, or security as said governing body may deem best.
[C73, §1914 – 1917, 1919; C97, §2898, 2899; C24, 27, 31, §10250 – 10252, 10254 – 10256; C35, §10260-e1; C39, §10260.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.5]

     
569.6  Costs, expenses and proceeds.
  The cost and expense resulting from the exercise of said powers shall be paid from the fund to which said real estate belongs and the proceeds of a lease or sale shall be credited to said fund.
[C73, §1914 – 1917, 1919; C97, §2898, 2899; C24, 27, 31, §10250 – 10252, 10254 – 10256; C35, §10260-e2; C39, §10260.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.6]

     
569.7  Execution of deeds and leases.
  The said governing body may appoint its chairperson, president, or other member to execute and acknowledge, for and on behalf of the state, county, or municipality, leases and deeds of conveyance, but said instruments when executed shall be approved by the said body and said approval spread upon its minutes with the yea and nay vote thereon. A transcript of said minutes certified by the secretary of said body shall be entitled to be recorded in the same manner as the approved instrument is entitled to be recorded.
[C73, §1916, 1918, 1919; C97, §2898 – 2900; C24, 27, 31, §10254, 10257 – 10260; C35, §10260-e3; C39, §10260.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §569.7]

     
569.8  Title under tax deed — sale — proceeds.
  1.  Disposition by a county of a parcel acquired by tax deed shall comply with section 331.361, subsection 2 or 3.
  2.  When title to a parcel acquired by tax deed is transferred, the auditor shall immediately record the deed and the assessor shall enter the parcel to be assessed following the assessment date.
  3.  A parcel the county holds by tax deed shall not be assessed or taxed until transferred.
  4.  The transfer by a county of a parcel acquired by tax deed gives the purchaser free title as to previously levied or set taxes.
  5.  The proceeds of the sale shall be credited to the county general fund.
[C35, §10260-g1; C39, §10260.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §569.8; 81 Acts, ch 117, §1094]
91 Acts, ch 191, §122; 92 Acts, ch 1016, §40; 96 Acts, ch 1204, §32
Referred to in §445.1
For definitions applicable to this section, see §445.1