CHAPTER 6. Sale of Land for Delinquent Assessments [8870 - 8890]
( Chapter 6 added by Stats. 1943, Ch. 369. )
At the time and place stated in the notice of sale, or such other time to which the sale is postponed, the county treasurer shall sell each parcel of land described in the notice to the highest bidder for lawful money of the United States unless prior thereto he has received payment in full of the delinquent installment, interest, penalty and cost of publication.
(Added by Stats. 1943, Ch. 369.)
If not completed on the first day the sale may be continued from day to day and over Sundays and legal holidays until completed.
(Added by Stats. 1943, Ch. 369.)
No license shall be required of the county treasurer for conducting the sale.
(Added by Stats. 1943, Ch. 369.)
No bid for any parcel shall be accepted which is less than the aggregate sum then due for the installment thereon, together with accrued interest, penalty and cost of publication.
(Added by Stats. 1943, Ch. 369.)
If no bid is made for any parcel at the delinquent sale which is equal to the total amount when due on the parcel, the county treasurer shall bid in and sell the parcel to the drainage district for the amount of the delinquent installment or installments, together with accrued interest, penalty and cost of publication.
(Added by Stats. 1943, Ch. 369.)
The county treasurer shall execute to each purchaser at the delinquent sale, including the drainage district, a certificate of sale which shall be recorded by the purchaser in the county recorder’s office of the county in which the land is situated.
(Added by Stats. 1943, Ch. 369.)
Out of the proceeds of the sales the county treasurer shall transmit to the State Treasurer the total amount then due on the property so sold as shown in the notice, and shall pay to the owner of the property any surplus remaining after the payment to the State Treasurer.
(Added by Stats. 1943, Ch. 369.)
The county treasurer shall, when directed by the board, postpone the delinquent sale from time to time for not less than 10 nor more than 30 days by a written notice posted at or near the place of sale.
(Added by Stats. 1943, Ch. 369.)
The notice of postponement shall be substantially as follows: The sale of property for delinquent assessment under (name and number of assessment) of the Sacramento and San Joaquin Drainage District, which was fixed for (time and place of sale) has been postponed to (time to which postponed) at the same place.
(Added by Stats. 1943, Ch. 369.)
Any person interested in any tract of land sold at the delinquent sale may redeem the tract at any time within one year after the date of sale by paying to the county treasurer for the purchaser a sum equal to the purchase price stated in the certificate of sale with interest thereon at the rate of 12 per cent per annum from the date of sale to the date of the redemption, together with the amount remaining due and unpaid of any installment upon any assessment on the land under the provisions of this part, with the penalty prescribed for delinquencies.
(Added by Stats. 1943, Ch. 369.)
If no redemption is made within one year the board, upon demand and the surrender of the certificate of purchase and the delivery of a certificate of the county treasurer that no redemption has been made within the year from date of sale, shall execute to the purchaser, his heirs or assigns, a deed of conveyance of the parcel of land described in the certificate.
(Added by Stats. 1943, Ch. 369.)
The deed conveys to the grantee the land free and clear of all encumbrances except State, county and municipal taxes, assessments levied or assessed by statutory authority and the unpaid balance of any assessment made by the drainage district.
(Added by Stats. 1943, Ch. 369.)
The unpaid balance of any assessment made by the drainage district, shall be called in and collected in the same manner as other assessments, except that no parcel sold and conveyed to the drainage district shall thereafter, until redeemed or until sold and disposed of by the board, be subject to sale by the treasurer for subsequent installments of any assessment made pursuant to the provisions of this part.
(Added by Stats. 1943, Ch. 369.)
Each deed by the board purporting to be executed under this chapter shall be prima facie evidence of the truth of the matters therein recited and of ownership by the grantee of the lands therein described.
(Added by Stats. 1943, Ch. 369.)
All deeds required by this chapter to be executed by the board may be executed by the president and secretary thereof on behalf of the board.
(Added by Stats. 1943, Ch. 369.)
Any parcel of land bid in and purchased by the drainage district at the delinquent sale shall be held in trust for the assessment under which the parcel of land was sold.
(Added by Stats. 1943, Ch. 369.)
The parcels of land specified in Section 8885 may be sold and conveyed by the board at any time after the expiration of the redemption period of one year at public or private sale and with or without notice, to any person paying not less than the amount for which the parcel was bid in by the county treasurer at the delinquent sale for the drainage district, with interest thereon at the rate of 12 percent per annum compounded yearly from the date of the delinquent sale, and also the amount of all subsequent installments or other assessments then delinquent, with accrued interest and penalties thereon.
(Amended by Stats. 1981, Ch. 714, Sec. 451.)
Payment for the land purchased pursuant to the provisions of this chapter shall be made in lawful money of the United States.
(Added by Stats. 1943, Ch. 369.)
The board, when any land has been sold pursuant to the provisions of this chapter shall execute a deed to the purchaser at the sale conveying the property, free of all encumbrances except State, county and other municipal taxes, assessments levied or assessed by statutory authority and the unpaid balance of all assessments of the drainage district, which balance shall be called in and collected in the same manner as other assessments.
(Added by Stats. 1943, Ch. 369.)
When any lands purchased at the delinquent sale by the drainage district remain unsold then the board shall sell all such lands so held by the drainage district at public auction to the highest bidder for cash, upon two weeks published notice substantially in the manner provided for notice upon delinquent sales, and shall execute to the purchaser a conveyance, which deed shall convey title to the land as prescribed in this chapter.
(Added by Stats. 1943, Ch. 369.)
The proceeds of the sale shall be deposited with the State Treasurer to the credit of the assessment under which the property became delinquent.
(Added by Stats. 1943, Ch. 369.)