D:\dist\text\1056

Second Regular Session

Seventy-fourth General Assembly

STATE OF COLORADO

REVISED

This Version Includes All Amendments Adopted

on Second Reading in the Second House

LLS NO. 24-0384.02 Alison Killen x4350

HOUSE BILL 24-1056

House Committees Senate Committees

Finance Finance

A BILL FOR AN ACT

ONCERNING PROPERTY SUBJECT TO A PROPERTY TAX LIEN, AND, IN101

CONNECTION THEREWITH, MODERNIZING STATUTES RELATED TO102

THE ISSUANCE OF A TREASURER'S DEED FOR PROPERTY SUBJECT103

TO A PROPERTY TAX LIEN TO ALIGN WITH A FEDERAL SUPREME104

COURT DECISION.105

Bill Summary

(Note: This summary applies to this bill as introduced and does

not reflect any amendments that may be subsequently adopted. If this bill

passes third reading in the house of introduction, a bill summary that

applies to the reengrossed version of this bill will be available at

http://leg.colorado.gov/

Legislative Oversight Committee Concerning Tax Policy.

Under current law, a county treasurer is required to issue a treasurer's

SENATE

Amended 2nd Reading

March 22, 2024

HOUSE

3rd Reading Unamended

February 28, 2024

HOUSE

Amended 2nd Reading

February 27, 2024

HOUSE SPONSORSHIP

Frizell and Marshall, Weissman, Jodeh, Kipp, Lindstedt, McCluskie, Parenti, Snyder

SENATE SPONSORSHIP

Hansen and Kolker,

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law.

Dashes through the words or numbers indicate deletions from existing law.

deed for a property, upon the presentation of a certificate of purchase of

a tax lien for that property, if certain redemption and timing conditions

are satisfied. Sections 1 to 3 of the bill end this requirement.

Section 4 establishes a process by which the lawful holder of a

certificate of purchase of a tax lien (lawful holder) may apply for a public

auction for the sale of a certificate of option for treasurer's deed (public

auction). If the public auction results in an "overbid", meaning the

purchaser of the sale of a certificate of option for treasurer's deed pays an

amount in excess of the value of the tax lien, then the amount of the

overbid must be paid in order of recording priority to junior lienors who

have filed a notice of intent to redeem. After payment to all lienors, any

remaining overbid must be paid to the owner of the property subject to the

tax lien. By providing for payment of any remaining overbid amount to

the property owner, the bill brings Colorado law into compliance with the

United States supreme court's recent decision affirming a property

owner's constitutional right to the value of their property in excess of their

tax debt.

The bill specifies the required application form and deposit amount

for a lawful holder of a certificate of purchase for a tax lien to request a

public auction and the notice requirements, including by mailing,

publication, and posting. The treasurer must review the title work for the

property and include known interested parties in the notice process.

The bill specifies the general manner and timing of the public

auction to be conducted by the treasurer. The bill also provides procedural

guidance in case of certain events, including continuance of the public

auction, the effect of a bankruptcy filing related to the property, the

withdrawal of a notice of public auction, and the redemption of the tax

lien prior to the public auction.

At the public auction, the treasurer must only accept bids that are

greater than the combined value of the amount owed to the lawful holder

and the fees and costs incurred by the treasurer in complying with new

article 11.5 of title 39. If no such bid is made and paid to the treasurer,

then the lawful holder is deemed the purchaser of the certificate of option

for treasurer's deed.

If the lawful holder is not the purchaser of the certificate of option

for treasurer's deed, the lawful holder is still entitled to redeem the

property subject to the tax lien if certain procedural requirements are met,

including payment to the purchaser of all sums necessary to redeem.

Junior lienholders may also file for redemption, but only as to a portion

of the overbid, and only if certain procedural requirements are met. The

treasurer may issue a treasurer's deed to the purchaser of a certificate of

option for treasurer's deed for the relevant property.

If the property remains unredeemed, the lawful holder of the

certificate of option for treasurer's deed may present the certificate, along

with other required documentation, to the treasurer and obtain a

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treasurer's deed, giving full rights to the property.

Be it enacted by the General Assembly of the State of Colorado:1

SECTION 1. In Colorado Revised Statutes, 39-11-120, amend2

(1) and (4) as follows:3

39-11-120. Presentation of certificates for deed. (1) At

BEFORE4

ULY 1, 2024, any time after the expiration of the term of three years from5

the date of the sale of any tax lien on any land, or interest therein or6

improvements thereon, for delinquent taxes, on demand of the purchaser7

or lawful holder of the certificate of such tax lien, other than the county8

wherein such property is situated, and on presentation of such certificate9

of purchase or properly authenticated order of the board of county10

commissioners, where the certificate has been lost or wrongfully withheld11

from the owner, and upon proof of compliance with section 39-11-128,12

the treasurer shall make out a deed for each such lot, parcel, interest, or13

improvement for which a tax lien was sold and which remains14

unredeemed and deliver the same to such purchaser or lawful holder of15

such certificate or order.16

(4) B

EFORE JULY 1, 2024, whenever any tax lien on any lot or17

parcel of land, interest therein, or improvement thereon is bid in by or for18

the county, city, town, or city and county at any tax sale, and a certificate19

of purchase is made to such county, city, town, or city and county20

therefor, the treasurer of such county, city, town, or city and county may21

sell, assign, and deliver any such certificate to any person who desires to22

purchase the same upon payment to the treasurer of the amount for which23

said tax lien was bid in by the county, city, town, or city and county with24

interest and costs accrued thereon from the date of sale, together with a25

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fee for making such assignment, as provided in section 30-1-102, C.R.S.,1

and the taxes assessed thereon since the date of such sale or, in case of a2

county, city, town, or city and county, for such sum as the board of county3

commissioners or other board authorized to perform the duties of a board4

of county commissioners at any regular or special meeting may decide5

and authorize by order duly entered in the recorded proceedings of such6

board. B

EFORE JULY 1, 2024, whenever any tax lien on any lot or parcel7

of land, interest therein, or improvement thereon is bid in by or for a city,8

town, or city and county, as the case may be, such city, town, or city and9

county shall be entitled to a deed, as provided for purchasers at tax sales.10

SECTION 2. In Colorado Revised Statutes, 39-11-128, amend11

(1) introductory portion as follows:12

39-11-128. Condition precedent to deed - notice. (1) B

EFORE13

ULY 1, 2024, before any purchaser, or assignee of such purchaser, of a14

tax lien on any land, town or city lot, or mining claim sold for taxes or15

special assessments due either to the state or any county or incorporated16

town or city within the same at any sale of tax liens for delinquent taxes17

levied or assessments authorized by law is entitled to a deed for the land,18

lot, or claim so purchased, he shall make request upon the treasurer, who19

shall then comply with the following:20

SECTION 3. In Colorado Revised Statutes, 39-11-142, amend21

(1), (2), (3), (6)(a), (6)(c), and (7) as follows:22

39-11-142. Disposition of certificates held by counties.23

(1) B

EFORE JULY 1, 2024, in cases where a tax lien on real estate has been24

struck off to the county at tax sales and the county has held the certificate25

of sale for three years or more, the board of county commissioners may26

apply for and receive a tax deed in like manner as is provided by law in27

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the case of delinquent tax sale certificates held by individuals. The board1

of county commissioners, whenever the county becomes entitled to a tax2

deed, may cause the treasurer to issue, serve, and publish notices,3

pursuant to law, of application for such tax deed in like manner as in the4

case of individual certificate holders.5

(2) B

EFORE JULY 1, 2024, in cases where the county has held the6

tax certificate for five years or more and such real estate is not located7

within the limits of any incorporated town or city within the said county,8

the county may include in one request or demand any or all separate9

parcels of real estate for which it holds tax sale certificates for sales in10

any one year, and the board of county commissioners may apply for and11

receive tax deeds therefor. B

EFORE JULY 1, 2024, in cases where the12

county has held the tax certificate for eight years and in the opinion of the13

board of county commissioners such real estate is not used, operated, or14

maintained wholly or in part in the interest or for the benefit of the public,15

said board shall apply for and receive a tax deed therefor.16

(3) B

EFORE JULY 1, 2024, upon making application in the case of17

tax certificates held by the counties for five years or more, the treasurer18

shall not be required to give the notice that a request or demand for tax19

deed has been made upon him provided for in section 39-11-128. The20

treasurer, in lieu of such notice, at least sixty days before the day said tax21

deed issues, shall give notice by registered or certified mail, addressed to22

the last-known residence of the person in whose name the real estate is23

assessed for the years during which said taxes have not been paid, that a24

tax deed has been applied for on the particular described property and that25

said tax deed will issue on a day certain. B

EFORE JULY 1, 2024, the26

treasurer shall also post in a public place in the

county courthouse OFFICE27

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OF THE TREASURER AND ON THE TREASURER'S WEBSITE, at least sixty days1

before said deed issues, a notice stating that a deed will be issued to the2

county on the real estate described in said notice. Said notice shall contain3

the name of the person to whom the property is assessed together with the4

date said tax deed will issue.5

(6) (a) B

EFORE JULY 1, 2024, in all cases where a tax lien on real6

property has been struck off to the county at a tax sale and the county has7

held the certificate of sale for thirty years or more without obtaining a tax8

deed as provided in this section, then such certificate may be declared9

void and of no effect.10

EFORE JULY 1, 2024, upon being presented with such list, the11

board of county commissioners shall determine that the tax liens were12

struck off to the county, that such certificates of sale relating thereto have13

been held by the county for thirty years or more, and that no tax deed has14

been obtained or applied for as provided in this section. Upon making15

such determination, the board of county commissioners may declare that16

such certificates are void, and an order to that effect shall be duly entered17

in the recorded proceedings of the board, which order shall direct the18

treasurer to cancel such certificates of sale.19

(7) It is the duty of the treasurer at least once each year to prepare20

and present, at any regular or special meeting of the board of county21

commissioners, a list of all tax liens on all real property struck off to the22

county and all certificates of sale relating thereto, which certificates have23

been held by the county for three years or more without obtaining a deed24

or being otherwise disposed of under this article 11

OR ARTICLE 11.5 OF25

THIS TITLE 39.26

SECTION 4. In Colorado Revised Statutes, add 39-11-153 as27

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follows:1

39-11-153. Interaction with other law. NOTWITHSTANDING ANY2

LAW TO THE CONTRARY, ON OR AFTER JULY 1, 2024, A PURCHASER,3

LAWFUL HOLDER, OR TREASURER SHALL FOLLOW THE PROCEDURES4

ESTABLISHED IN ARTICLE 11.5 OF TITLE 39 AND SHALL NOT FOLLOW THE5

PROCEDURES ESTABLISHED IN THIS ARTICLE 11 CONCERNING THE6

ISSUANCE OF A DEED. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON7

OR AFTER JULY 1, 2024, A TREASURER SHALL NOT ISSUE A DEED PURSUANT8

TO THIS ARTICLE 11.9

SECTION

5. In Colorado Revised Statutes, add article 11.5 to10

title 39 as follows:11

ARTICLE 11.512

Issuance of Treasurer's Deeds13

39-11.5-101. Definitions. A

S USED IN THIS ARTICLE 11.5, UNLESS14

THE CONTEXT OTHERWISE REQUIRES:15

(1) "C

ERTIFICATE OF OPTION FOR TREASURER'S DEED" MEANS THE16

CERTIFICATE OF OPTION FOR TREASURER'S DEED ISSUED BY A TREASURER17

PURSUANT TO SECTION 39-11.5-115 (1).18

(2) "C

ERTIFICATE OF PURCHASE" MEANS THE CERTIFICATE OF19

PURCHASE PREPARED BY A TREASURER FOR THE PURCHASER OF A TAX LIEN20

IN ACCORDANCE WITH SECTION 39-11-117.21

(3) "I

MMEDIATE FAMILY" MEANS AN INDIVIDUAL'S:22

(a) S

POUSE;23

(b) P

ARTNER IN A CIVIL UNION;24

ARENT;25

(d) M

INOR CHILD UNDER EIGHTEEN YEARS OF AGE;26

(e) S

IBLING WHO IS UNDER EIGHTEEN YEARS OF AGE AND FOR27

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WHOM THE INDIVIDUAL STANDS IN LOCO PARENTIS; OR1

(f) S

IBLING WHO IS INCAPABLE OF SELF-CARE DUE TO A MENTAL OR2

PHYSICAL DISABILITY OR A LONG-TERM ILLNESS.3

(4) "INVESTMENT BALANCE" MEANS THE REDEEMABLE AMOUNT OF4

A TAX LIEN.5

(5) "JUNIOR LIEN" MEANS A LIEN OR ENCUMBRANCE UPON THE6

PROPERTY FOR WHICH THE AMOUNT DUE AND OWING THEREUNDER IS7

SUBORDINATE TO THE TAX LIEN.8

(6) "KNOWN INTERESTED PARTY NOTICE" MEANS THE NOTICE THAT9

INCLUDES:10

(a) THE NAMES AND ADDRESSES OF THE PERSONS ON THE MAILING11

LIST CREATED BY A TREASURER PURSUANT TO SECTION 39-11.5-104 (2);12

(b) T

HE INFORMATION COLLECTED BY THE TREASURER PURSUANT13

TO SECTION 39-11-114;14

HE DATE AND TIME OF THE PUBLIC AUCTION, INCLUDING, IF15

APPLICABLE, THE DATE TO WHICH THE TREASURER HAS CONTINUED THE16

PUBLIC AUCTION PURSUANT TO SECTION 39-11.5-106 (1);17

(d) I

F THE PUBLIC AUCTION IS NOT CONDUCTED BY MEANS OF THE18

INTERNET OR OTHER ELECTRONIC MEDIUM, THE LOCATION OF THE PUBLIC19

AUCTION;20

(e) I

F THE PUBLIC AUCTION IS CONDUCTED BY MEANS OF THE21

INTERNET OR OTHER ELECTRONIC MEDIUM:22

(I) T

HE ELECTRONIC ADDRESS FOR THE PUBLIC AUCTION;23

(II) T

HE LOCATION OF COMPUTER WORKSTATIONS THAT ARE24

AVAILABLE TO THE PUBLIC AND INFORMATION ABOUT HOW TO OBTAIN25

INSTRUCTIONS ON ACCESSING THE PUBLIC AUCTION AND SUBMITTING BIDS;26

AND27

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(III) A STATEMENT THAT THE BIDDING RULES FOR THE PUBLIC1

AUCTION WILL BE POSTED ON THE INTERNET OR OTHER ELECTRONIC2

MEDIUM USED TO CONDUCT THE AUCTION AT LEAST FOURTEEN CALENDAR3

DAYS BEFORE THE DATE OF THE AUCTION; AND4

(f) A

LEGIBLE COPY OF SECTIONS 39-11.5-104, 39-11.5-111,5

39-11.5-113,

AND 39-11.5-114.6

(7) "LAWFUL HOLDER" MEANS THE PERSON IN POSSESSION OF A7

CERTIFICATE OF PURCHASE FOR A TAX LIEN ISSUED IN ACCORDANCE WITH8

ARTICLE 11 OF THIS TITLE 39, OR THE ASSIGNEE OR ATTORNEY OF SUCH A9

HOLDER.10

(8) "LIENOR" MEANS A PERSON WHO IS A BENEFICIARY, HOLDER,11

OR GRANTEE OF A JUNIOR LIEN ON THE PROPERTY OR THAT PERSON'S12

ASSIGNEE OR ATTORNEY.13

(9) "MAILING LIST" MEANS THE LIST ASSEMBLED BY THE14

TREASURER PURSUANT TO SECTION 39-11.5-104 (2)(a) THAT CONTAINS15

THE NAMES AND ADDRESSES OF THE FOLLOWING PERSONS:16

(a) T

HE ORIGINAL PURCHASER OF THE TAX LIEN;17

(b) A

NY PERSON KNOWN OR BELIEVED BY THE TREASURER TO BE18

A LIENOR;19

HE OCCUPANT OF THE PROPERTY, ADDRESSED TO "OCCUPANT"20

AT THE ADDRESS OF THE PROPERTY AND, IF DIFFERENT, THE PROPERTY21

OWNER; AND22

(d) A

LESSEE WITH AN UNRECORDED POSSESSORY INTEREST IN THE23

PROPERTY AT THE ADDRESS OF THE PREMISES OF THE LESSEE AND, IF24

DIFFERENT, THE ADDRESS OF THE PROPERTY.25

(10) "OVERBID" MEANS THE AMOUNT IN EXCESS OF THE MINIMUM26

BID ACCEPTED BY THE TREASURER PURSUANT TO SECTION 39-11.5-10827

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(3)(a).1

(11) "PROPERTY" MEANS THE PROPERTY SUBJECT TO A TAX LIEN,2

THE CERTIFICATE OF PURCHASE FOR WHICH IS HELD BY A LAWFUL HOLDER.3

(12) "PROPERTY OWNER" MEANS THE OWNER OF A PROPERTY4

SUBJECT TO A TAX LIEN.5

(13) "PUBLIC AUCTION" MEANS AN AUCTION CONDUCTED6

PURSUANT TO THIS ARTICLE 11.5.7

(14) "P

URCHASER" MEANS THE PERSON TO WHOM THE TREASURER8

AWARDS THE CERTIFICATE OF OPTION FOR TREASURER'S DEED AS THE9

WINNING BIDDER AT THE PUBLIC AUCTION WHO TIMELY SUBMITS PROPER10

FUNDS OR, IF NO VALID BIDS ARE RECEIVED AT THE PUBLIC AUCTION, THE11

LAWFUL HOLDER WHO DOES NOT FILE A WITHDRAWAL OF THE APPLICATION12

FOR PUBLIC AUCTION PURSUANT TO SECTION 39-11.5-106.13

(15) "TAX LIEN" MEANS THE LIEN ON ANY LAND, TOWN OR CITY14

LOT, OR MINING CLAIM SOLD FOR SPECIAL ASSESSMENTS, TAXES, OR15

SPECIAL ASSESSMENTS AND TAXES DUE EITHER TO THE STATE OR ANY16

COUNTY OR INCORPORATED TOWN OR CITY FOR WHICH THE TREASURER17

ISSUED A CERTIFICATE OF PURCHASE TO THE LAWFUL HOLDER.18

(16) "TREASURER" HAS THE SAME MEANING AS SET FORTH IN19

SECTION 39-1-102 (17), AS APPLIED TO THE COUNTY IN WHICH A PROPERTY20

IS LOCATED.21

(17) "TREASURER'S DEED" MEANS THE DEED ISSUED BY THE22

TREASURER IN ACCORDANCE WITH SECTION 39-11.5-116 (1).23

39-11.5-102. Application for public auction - contents - fee.24

(1) A

T ANY TIME AT LEAST THREE YEARS FROM THE DATE OF THE SALE OF25

A TAX LIEN PURSUANT TO ARTICLE 11 OF THIS TITLE 39, A LAWFUL HOLDER26

MAY FILE AN APPLICATION FOR A PUBLIC AUCTION OF A CERTIFICATE OF27

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OPTION FOR TREASURER'S DEED FOR THE PROPERTY SUBJECT TO THE TAX1

LIEN DESCRIBED IN THE CERTIFICATE OF PURCHASE HELD BY THE LAWFUL2

HOLDER. IN SO DOING, THE LAWFUL HOLDER SHALL FILE AN APPLICATION3

FOR PUBLIC AUCTION IN A FORM AND MANNER DETERMINED BY THE4

TREASURER AS FOLLOWS:5

APPLICATION FOR

A PUBLIC AUCTION OF A 6

CERTIFICATE OF OPTION FOR TREASURER'S DEED TO THE7

COUNTY TREASURER OF _____________ COUNTY,8

COLORADO:9

The undersigned, as the holder of Treasurer's Tax Lien Sale10

Certificate of Purchase No.________ issued pursuant to the11

tax lien sale held on the ____ day of ________, 20__, for12

the taxes and/or special assessments for the tax year13

______ hereby request that you, as County Treasurer, give14

notice and take such proceedings as are required by15

39-11.5-102, C.R.S., so that the undersigned may begin the16

process to obtain a Treasurer's Deed to the property17

described in said Treasurer's Tax Lien Sale Certificate,18

more particularly described as follows, to-wit:19

LEGAL DESCRIPTION: 20

situated in the County of _____________, State of21

Colorado.22

PROPERTY ADDRESS: __________23

SCHEDULE NUMBER: __________24

PARCEL NUMBER: ___________25

CURRENT ASSESSED OWNER: ___________26

T.D. REFERENCE NUMBER: ___________27

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THE AMOUNT OF THE OUTSTANDING1

INVESTMENT BALANCE OF THE TAX LIEN AS2

OF THE DATE OF THE FILING OF THE3

APPLICATION FOR PUBLIC4

AUCTION: ___________5

LAWFUL HOLDER NAME: ___________6

ADDRESS OR PO BOX: ___________7

CITY/STATE/ZIP CODE: ___________8

COUNTY OF RESIDENCE: ___________9

LAWFUL HOLDER NAME: ___________10

LAWFUL HOLDER SIGNATURE: ___________11

DATE: ___________12

(2) T

HE TREASURER MAY REQUIRE THE LAWFUL HOLDER TO MAKE13

A DEPOSIT IN AN AMOUNT DETERMINED BY THE TREASURER TO INCLUDE14

THE TREASURER'S FEE FOR RECORDING THE APPLICATION IN AN AMOUNT15

EQUAL TO THE AMOUNT ESTABLISHED IN SECTION 38-37-104 (1)(b)(I) PLUS16

THE AMOUNT NECESSARY TO COVER THE ACTUAL AND REASONABLE COSTS17

TO THE TREASURER TO ADMINISTER THE PUBLIC AUCTION AND OTHERWISE18

ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE 11.5.19

39-11.5-103. Review of application for public auction. (1) A

S20

SOON AS PRACTICABLE FOLLOWING THE RECEIPT OF AN APPLICATION FOR21

PUBLIC AUCTION FILED BY A LAWFUL HOLDER PURSUANT TO SECTION22

39-11.5-102,

THE TREASURER SHALL REVIEW THE APPLICATION TO23

DETERMINE WHETHER IT COMPLIES WITH THE REQUIREMENTS OF THIS24

ARTICLE 11.5.25

(2) I

F THE TREASURER DETERMINES THAT THE APPLICATION FOR26

PUBLIC AUCTION COMPLIES WITH THE REQUIREMENTS OF THIS ARTICLE27

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11.5, THE TREASURER SHALL RECORD THE APPLICATION FOR PUBLIC1

AUCTION AND THE ORIGINAL CERTIFICATE OF PURCHASE, IF NOT2

PREVIOUSLY RECORDED, WITH THE OFFICE OF THE COUNTY CLERK AND3

RECORDER WITHIN TEN BUSINESS DAYS FOLLOWING THE TREASURER'S4

DETERMINATION.5

39-11.5-104. Notice of public auction. (1) N

O MORE THAN6

THIRTY CALENDAR DAYS AFTER RECORDING THE APPLICATION FOR PUBLIC7

AUCTION PURSUANT TO SECTION 39-11.5-103 (2), THE TREASURER SHALL8

MAIL A NOTICE TO THE PROPERTY ADDRESS SET FORTH IN THE9

APPLICATION FOR PUBLIC AUCTION.10

(2)

NO MORE THAN TWENTY CALENDAR DAYS AFTER EITHER11

RECEIVING THE RESULTS OF THE TITLE SEARCH OR COMPLETING A REVIEW12

OF RELEVANT COUNTY RECORDS OF THE COUNTY CLERK AND RECORDER13

CONCERNING THE PROPERTY, THE TREASURER SHALL CREATE A MAILING14

LIST, MAIL A KNOWN INTERESTED PARTY NOTICE TO THE PERSONS ON THE15

MAILING LIST, AND ADD THE FIRST AND LAST PUBLICATION DATES, IF NOT16

ALREADY SPECIFIED IN THE KNOWN INTERESTED PARTY NOTICE, ON THE17

TREASURER'S OFFICE WEBSITE.18

(3) N

O MORE THAN SIXTY CALENDAR DAYS NOR LESS THAN20

FORTY-FIVE CALENDAR DAYS PRIOR TO THE PUBLIC AUCTION, THE21

TREASURER SHALL POST A KNOWN INTERESTED PARTY NOTICE ON THE22

PROPERTY.23

(4) N

O MORE THAN SIXTY CALENDAR DAYS NOR LESS THAN24

FORTY-FIVE CALENDAR DAYS PRIOR TO THE PUBLIC AUCTION, THE25

TREASURER SHALL PUBLISH THE KNOWN INTERESTED PARTY NOTICE AND26

ADD THE FIRST AND LAST PUBLICATION DATES IF NOT ALREADY27

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SPECIFIED IN THE KNOWN INTERESTED PARTY NOTICE, ON THE1

TREASURER'S OFFICE WEBSITE.2

(5) N

O LESS THAN TWENTY-EIGHT CALENDAR DAYS PRIOR TO THE3

PUBLIC AUCTION, THE TREASURER SHALL POST THE KNOWN 4

INTERESTED PARTY NOTICE AND ADD THE FIRST AND LAST PUBLICATION5

DATES IF NOT ALREADY SPECIFIED IN THE KNOWN INTERESTED PARTY6

NOTICE, IN A CONSPICUOUS PLACE IN THE TREASURER'S OFFICE OR ON THE7

TREASURER'S OFFICE WEBSITE.8

(6) NO LESS THAN THIRTY CALENDAR DAYS AFTER EITHER9

RECEIVING THE RESULTS OF THE TITLE SEARCH OR COMPLETING A REVIEW10

OF RELEVANT COUNTY RECORDS OF THE COUNTY CLERK AND RECORDER11

CONCERNING THE PROPERTY PURSUANT TO SECTION 39-11.5-104 (2), IF12

THE VALUATION FOR ASSESSMENT OF THE PROPERTY THAT IS THE SUBJECT13

OF THE PUBLIC AUCTION IS FIVE HUNDRED DOLLARS OR MORE, THE14

TREASURER SHALL COMMENCE PUBLICATION OF THE KNOWN INTERESTED15

PARTY NOTICE FOR THREE WEEKS, WHICH MEANS PUBLICATION ONCE EACH16

WEEK FOR THREE SUCCESSIVE WEEKS IN A NEWSPAPER THAT IS PUBLISHED17

DAILY, WEEKLY, OR SEMIWEEKLY IN THE COUNTY. IF THERE IS NO SUCH18

NEWSPAPER, THEN THE TREASURER SHALL POST THE NOTICE19

CONSPICUOUSLY IN THE OFFICES OF THE COUNTY CLERK AND RECORDER,20

THE TREASURER, AND THE ASSESSOR AND IN AT LEAST TWO OTHER PUBLIC21

PLACES IN THE COUNTY SEAT.22

(7) IF ANY NOTICE SENT PURSUANT TO THIS SECTION IS RETURNED23

AS UNDELIVERABLE, THE COUNTY TREASURER SHALL CONDUCT A24

REASONABLE SEARCH TO LOCATE AND NOTIFY THE PROPERTY OWNER OF25

RECORD.26

39-11.5-105. Date of public auction. T

HE TREASURER SHALL27

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HOLD THE PUBLIC AUCTION NO MORE THAN ONE HUNDRED TWENTY-FIVE1

CALENDAR DAYS NOR LESS THAN ONE HUNDRED TEN CALENDAR DAYS2

AFTER THE DATE OF THE FIRST PUBLICATION OF THE KNOWN INTERESTED3

PARTY NOTICE PUBLISHED BY THE TREASURER PURSUANT TO SECTION4

39-11.5-104

(1) OR THE DATE OF THE MAILING OF THE KNOWN INTERESTED5

PARTY NOTICE IF PUBLICATION IS NOT REQUIRED. 6

39-11.5-106. Continuance of public auction - effect of7

bankruptcy - withdrawal of notice of public auction - redemption of8

tax lien prior to public auction. (1) Continuance.

NOTWITHSTANDING9

SECTION 39-11.5-105, FOR ANY REASON DEEMED BY THE TREASURER TO10

BE GOOD CAUSE OR UPON WRITTEN REQUEST BY THE LAWFUL HOLDER, AT11

ANY TIME BEFORE COMMENCEMENT OF THE PUBLIC AUCTION, THE12

TREASURER MAY CONTINUE THE PUBLIC AUCTION TO A LATER DATE BY13

MAKING, AT THE TIME AND PLACE DESIGNATED FOR THE PUBLIC AUCTION,14

AN ORAL ANNOUNCEMENT OF THE TIME AND PLACE OF SUCH15

CONTINUANCE, OR BY POSTING OR PROVIDING A NOTICE OF THE16

CONTINUANCE AT THE TIME AND PLACE DESIGNATED FOR THE PUBLIC17

AUCTION, WHICH NOTICE MUST INCLUDE THE TIME AND PLACE TO WHICH18

THE PUBLIC AUCTION IS CONTINUED. EXCEPT AS PROVIDED IN SUBSECTION19

(2)(b)(I)

OF THIS SECTION, A PUBLIC AUCTION THAT IS NOT HELD ON THE20

THEN-SCHEDULED DATE OF PUBLIC AUCTION AND IS NOT CONTINUED FROM21

THE THEN-SCHEDULED DATE OF PUBLIC AUCTION PURSUANT TO THIS22

SUBSECTION (1) IS DEEMED CONTINUED FOR A PERIOD OF ONE WEEK, AND23

FROM WEEK TO WEEK THEREAFTER, UNTIL THE PUBLIC AUCTION IS HELD OR24

OTHERWISE CONTINUED PURSUANT TO THIS SUBSECTION (1). A PUBLIC25

AUCTION SHALL NOT BE CONTINUED TO A DATE LATER THAN TWELVE26

MONTHS FROM THE ORIGINALLY DESIGNATED DATE IN THE NOTICE OF27

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PUBLIC AUCTION, EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS1

SECTION.2

(2) Effect of bankruptcy proceedings. (a) I

F ALL PUBLICATIONS3

OF THE KNOWN INTERESTED PARTY NOTICE PRESCRIBED BY SECTION4

39-11.5-104

HAVE BEEN COMPLETED BEFORE A BANKRUPTCY PETITION5

HAS BEEN FILED THAT AUTOMATICALLY STAYS THE TREASURER FROM6

CONDUCTING THE PUBLIC AUCTION, THE TREASURER SHALL ANNOUNCE,7

POST, OR PROVIDE NOTICE OF THAT FACT ON THE THEN-SCHEDULED DATE8

OF PUBLIC AUCTION, TAKE NO ACTION AT THE THEN-SCHEDULED PUBLIC9

AUCTION, AND ALLOW THE PUBLIC AUCTION TO BE AUTOMATICALLY10

CONTINUED FROM WEEK TO WEEK IN ACCORDANCE WITH SUBSECTION (1)11

OF THIS SECTION UNLESS OTHERWISE REQUESTED IN WRITING PRIOR TO12

ANY SUCH DATE OF PUBLIC AUCTION BY THE LAWFUL HOLDER.13

(b) (I) I

F THE PUBLICATIONS OF THE KNOWN INTERESTED PARTY14

NOTICE PRESCRIBED BY SECTION 39-11.5-104 HAVE NOT BEEN STARTED OR15

IF ALL THE PUBLICATIONS HAVE NOT BEEN COMPLETED BEFORE THE DAY16

A BANKRUPTCY PETITION HAS BEEN FILED THAT AUTOMATICALLY STAYS17

THE TREASURER FROM CONDUCTING THE PUBLIC AUCTION, THE TREASURER18

SHALL IMMEDIATELY CANCEL ANY REMAINING PUBLICATIONS OF THE19

KNOWN INTERESTED PARTY NOTICE AND, ON THE DATE SET FOR THE20

PUBLIC AUCTION, ANNOUNCE, POST, OR PROVIDE A NOTICE THAT THE21

PUBLIC AUCTION HAS BEEN ENJOINED OR HAS BEEN STAYED BY THE22

AUTOMATIC STAY PROVISIONS OF THE FEDERAL BANKRUPTCY CODE OF23

1978,

11 U.S.C. SEC. 101 ET SEQ., AS AMENDED. THE PUBLIC AUCTION24

SHALL NOT BE CONTINUED UNDER SUBSECTION (1) OF THIS SECTION.25

(II) (A) U

PON THE TERMINATION OF ANY INJUNCTION OR UPON THE26

ENTRY OF A BANKRUPTCY COURT ORDER DISMISSING THE BANKRUPTCY27

1056

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CASE, ABANDONING THE PROPERTY BEING AUCTIONED, CLOSING THE1

BANKRUPTCY CASE, OR GRANTING RELIEF FROM THE AUTOMATIC STAY2

PROVISIONS OF THE FEDERAL BANKRUPTCY CODE OF 1978, 11 U.S.C. SEC.3

101

ET SEQ., AS AMENDED, AND UPON RECEIPT OF A REQUEST FROM THE4

LAWFUL HOLDER TO RESTART THE AUCTION, THE TREASURER SHALL5

RERECORD THE APPLICATION FOR PUBLIC AUCTION AND PROCEED WITH ALL6

ADDITIONAL PUBLIC AUCTION PROCEDURES PROVIDED BY THIS ARTICLE7

11.5

AS THOUGH THE PUBLIC AUCTION HAD JUST BEEN COMMENCED.8

(B) I

F THE REQUEST IS NOT RECEIVED BY THE TREASURER WITHIN9

ONE YEAR FROM THE DATE OF THE TERMINATION OF ANY INJUNCTION OR10

THE ENTRY OF A BANKRUPTCY COURT ORDER DISMISSING THE11

BANKRUPTCY CASE, ABANDONING THE PROPERTY BEING AUCTIONED,12

CLOSING THE BANKRUPTCY CASE, OR GRANTING RELIEF FROM THE13

AUTOMATIC STAY, THE PUBLIC AUCTION SHALL BE WITHDRAWN14

ACCORDING TO SUBSECTION (3)(b) OF THIS SECTION.15

(c)

IF A PUBLIC AUCTION IS SET ASIDE BY COURT ORDER, UNLESS17

THE COURT ORDER SPECIFIES OTHERWISE, THE FOLLOWING PROCEDURES18

APPLY:19

(I) U

PON RECEIPT OF THE COURT ORDER, THE TREASURER'S FEE IN20

AN AMOUNT EQUAL TO THE AMOUNT ESTABLISHED IN SECTION 38-37-10421

(1)(b)(XI), AND THE COSTS OF RECORDING THE COURT ORDER, THE22

TREASURER SHALL ATTACH TO THE ORDER A COPY OF THE CERTIFICATE OF23

OPTION FOR TREASURER'S DEED, ANY ASSIGNMENTS THEREOF, AND, IF24

APPLICABLE, THE TREASURER'S DEED, EACH MARKED "NULL AND VOID",25

AND RECORD THE ORDER TOGETHER WITH THESE DOCUMENTS.26

(II) U

PON RECORDATION OF THE COURT ORDER, THE CERTIFICATE27

1056

-17-

OF OPTION FOR TREASURER'S DEED IS DEEMED CANCELED AS IF THE PUBLIC1

AUCTION HAD NOT OCCURRED, AND THE TAX LIEN IS DEEMED FULLY2

REINSTATED WITH THE SAME LIEN PRIORITY AS IF THE PUBLIC AUCTION3

HAD NOT OCCURRED.4

(III) W

ITHIN TEN CALENDAR DAYS AFTER RECEIPT OF ALL5

DOCUMENTS, FEES, AND COSTS SPECIFIED IN THIS SUBSECTION (2)(c), THE6

TREASURER SHALL MAIL A COPY OF THE COURT ORDER TO EACH PERSON7

ENTITLED TO RECEIVE THE KNOWN INTEREST PARTY NOTICE PURSUANT TO8

SECTION 39-11.5-104.9

(IV) (A) A

FTER THE RECORDATION OF THE COURT ORDER, THE10

LAWFUL HOLDER OR THE HOLDER'S ASSIGNEE MAY NOTIFY THE TREASURER11

IN WRITING TO RESCHEDULE THE PUBLIC AUCTION WITHIN ONE YEAR OF12

THE ISSUANCE OF THE ORDER. THE TREASURER SHALL SET A NEW DATE OF13

PUBLIC AUCTION AT LEAST THIRTY CALENDAR DAYS BUT NOT MORE THAN14

FORTY-FIVE CALENDAR DAYS AFTER THE DATE ON WHICH THE TREASURER15

RECEIVES NOTICE TO SCHEDULE A NEW DATE OF PUBLIC AUCTION SUBJECT16

TO THE REQUIREMENTS OF SUBSECTIONS (1) AND (2)(d) OF THIS SECTION,17

BUT NOT EARLIER THAN THE SCHEDULED PUBLIC AUCTION DATE AS OF THE18

DATE OF THE COURT ORDER.19

(B) N

O LATER THAN TEN CALENDAR DAYS AFTER RECEIVING20

WRITTEN NOTICE PURSUANT TO SUBSECTION (2)(c)(IV)(A) OF THIS21

SECTION TO SCHEDULE A NEW DATE OF PUBLIC AUCTION, THE TREASURER22

SHALL MAIL A KNOWN INTERESTED PARTY NOTICE SETTING FORTH THE23

RESCHEDULED DATE OF PUBLIC AUCTION TO EACH PERSON ENTITLED TO24

RECEIVE THE KNOWN INTERESTED PARTY NOTICE PURSUANT TO SECTION25

39-11.5-104.26

O LATER THAN TWENTY CALENDAR DAYS AFTER RECEIVING27

1056

-18-

WRITTEN NOTICE PURSUANT TO SUBSECTION (2)(c)(IV)(A) OF THIS1

SECTION TO SCHEDULE A NEW DATE OF PUBLIC AUCTION, BUT NO LESS2

THAN TEN CALENDAR DAYS PRIOR TO THE NEW DATE OF PUBLIC AUCTION,3

THE TREASURER SHALL PUBLISH THE KNOWN INTERESTED PARTY NOTICE4

ONE TIME ONLY. THE PUBLICATION MUST BE IN THE FORMAT SPECIFIED FOR5

PUBLICATION BY SECTION 39-11.5-104 (4).6

(D) A

LL FEES AND COSTS OF THE TREASURER FOR ACTIONS7

PERFORMED PURSUANT TO THIS SECTION AND THE COST OF RECORDING THE8

COURT ORDER AND DOCUMENTS INCORPORATED INTO THE COURT ORDER9

BY ATTACHMENT ARE PART OF THE PUBLIC AUCTION COSTS.10

(E) A

FTER A PUBLIC AUCTION HAS BEEN SET ASIDE AND11

SUBSEQUENTLY RESCHEDULED PURSUANT TO THIS SUBSECTION (2)(c)(IV),12

THE PUBLIC AUCTION MAY BE CONTINUED IN ACCORDANCE WITH13

SUBSECTIONS (1) AND (2)(d) OF THIS SECTION.14

(F) I

F A WRITTEN REQUEST TO RESCHEDULE THE PUBLIC AUCTION15

IS NOT RECEIVED BY THE TREASURER WITHIN ONE YEAR OF THE ISSUANCE16

OF THE ORDER, THE PUBLIC AUCTION MUST BE WITHDRAWN IN17

ACCORDANCE WITH SUBSECTION (3)(b) OF THIS SECTION.18

(d)

THE PERIODS FOR WHICH A PUBLIC AUCTION MAY BE19

CONTINUED UNDER THIS SUBSECTION (2) ARE IN ADDITION TO THE20

TWELVE-MONTH PERIOD OF CONTINUANCE PROVIDED BY SUBSECTION (1)21

OF THIS SECTION.22

(3) Withdrawal. (a) I

F THE LAWFUL HOLDER FILES WITH THE23

TREASURER, PRIOR TO PUBLIC AUCTION, A WRITTEN WITHDRAWAL OF THE24

APPLICATION FOR PUBLIC AUCTION, THE PUBLIC AUCTION IS TERMINATED.25

HE TREASURER SHALL RECORD THE WITHDRAWAL WITH THE OFFICE OF26

THE CLERK AND RECORDER AND COLLECT ALL FEES AND COSTS OWED AND27

1056

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INCURRED, INCLUDING A WITHDRAWAL FEE IN AN AMOUNT EQUAL TO THE1

AMOUNT ESTABLISHED IN SECTION 38-37-104 (1)(b)(V). THE AMOUNT DUE2

ACCRUES INTEREST AT THE RATE PROVIDED BY LAW. UNTIL ALL AMOUNTS3

DUE AND OWING ARE PAID, THE TREASURER IS ENTITLED TO HOLD ALL4

DOCUMENTATION IN THE TREASURER'S POSSESSION AND TO WITHHOLD ALL5

OTHER SERVICES REQUESTED BY THE LAWFUL HOLDER WITH RESPECT TO6

THE TAX LIEN.7

(b) I

F THERE IS NO PUBLIC AUCTION AND IF A WITHDRAWAL IS NOT8

FILED WITHIN FORTY-FIVE CALENDAR DAYS AFTER THE LAST DATE OF9

PUBLIC AUCTION PERMITTED BY LAW, THE TREASURER MAY TRANSMIT, BY10

MAIL OR ELECTRONIC TRANSMISSION TO THE LAWFUL HOLDER, A NOTICE11

THAT A WITHDRAWAL OF THE APPLICATION FOR PUBLIC AUCTION MAY BE12

RECORDED BY THE TREASURER UNLESS A RESPONSE REQUESTING THAT13

SUCH WITHDRAWAL BE DELAYED FOR NINETY CALENDAR DAYS IS14

RECEIVED BY THE TREASURER WITHIN THIRTY CALENDAR DAYS AFTER THE15

DATE THAT THE TREASURER'S NOTICE IS TRANSMITTED. IF SUCH A16

RESPONSE IS RECEIVED BY THE TREASURER AND THERE IS NO PUBLIC17

AUCTION NOR IS A WITHDRAWAL FILED WITHIN THE NINETY-DAY DELAY18

PERIOD, THE TREASURER MAY RECORD A WITHDRAWAL OF THE19

APPLICATION FOR PUBLIC AUCTION. IF NO SUCH RESPONSE IS RECEIVED BY20

THE TREASURER WITHIN THIRTY CALENDAR DAYS AFTER THE NOTICE IS21

TRANSMITTED, THE TREASURER MAY RECORD A WITHDRAWAL OF THE22

APPLICATION FOR PUBLIC AUCTION AT ANY TIME AFTER THE EXPIRATION23

OF THE THIRTY-DAY NOTICE PERIOD. THE TREASURER SHALL CAUSE THE24

APPLICATION FOR PUBLIC AUCTION TO BE RECORDED IN THE OFFICE OF THE25

COUNTY CLERK AND RECORDER. ALL UNPAID FEES AND COSTS OWED AND26

INCURRED BY THE TREASURER, AS WELL AS A WITHDRAWAL FEE IN AN27

1056

-20-

AMOUNT EQUAL TO THE AMOUNT ESTABLISHED IN SECTION 38-37-1041

(1)(b)(VI), SHALL BE PAID BY THE LAWFUL HOLDER. THE AMOUNT DUE2

ACCRUES INTEREST AT THE RATE PROVIDED BY LAW. UNTIL ALL AMOUNTS3

DUE AND OWING ARE PAID, THE TREASURER IS ENTITLED TO HOLD ALL4

DOCUMENTATION IN THE TREASURER'S POSSESSION AND TO WITHHOLD ALL5

OTHER SERVICES REQUESTED BY THE LAWFUL HOLDER WITH RESPECT TO6

THE TAX LIEN.7

(4) Redemption of tax lien prior to public auction. I

F THE TAX8

LIEN IS REDEEMED PRIOR TO THE PUBLIC AUCTION, THE TREASURER SHALL:9

(a) C

ANCEL THE PUBLIC AUCTION;11

(b) R

ECORD A CERTIFICATE OF REDEMPTION;12

ROVIDE NOTICE OF THE CANCELLATION AND REDEMPTION;13

AND14

(d) C

OLLECT ANY FEES OR COSTS AT THE TIME OF THE REDEMPTION15

IN ACCORDANCE WITH THIS ARTICLE 11.5. 16

39-11.5-107. Location of public auction - electronic devices -17

definition. (1) T

HE TREASURER SHALL CONDUCT THE PUBLIC AUCTION IN18

ANY BUILDING TEMPORARILY OR PERMANENTLY USED AS A COURTHOUSE,19

IN ANY BUILDING WHERE THE OFFICE OF THE TREASURER IS LOCATED, OR20

BY MEANS OF THE INTERNET OR OTHER ELECTRONIC MEDIUM.21

(2) T

HE COUNTY AND ITS EMPLOYEES ACTING IN THEIR OFFICIAL22

CAPACITY IN PREPARING, CONDUCTING, AND EXECUTING A PUBLIC23

AUCTION PURSUANT TO THIS ARTICLE 11.5 ARE NOT LIABLE FOR THE24

FAILURE OF A DEVICE THAT PREVENTS A PERSON FROM PARTICIPATING IN25

A PUBLIC AUCTION. AS USED IN THIS SUBSECTION (2), "DEVICE" INCLUDES,26

BUT IS NOT LIMITED TO, COMPUTER HARDWARE, A COMPUTER NETWORK,27

1056

-21-

A COMPUTER SOFTWARE APPLICATION, AND AN INTERNET WEBSITE.1

39-11.5-108. Conduct of public auction - conduct of treasurer2

- bidding rules - method of payment. (1) T

O CONDUCT THE PUBLIC3

AUCTION IN AN EFFICIENT AND EQUITABLE MANNER, THE TREASURER IS4

GRANTED BROAD POWERS TO SET THE BIDDING RULES GOVERNING THE5

PUBLIC AUCTION. SUCH POWERS INCLUDE:6

(a) R

ECOGNIZING BUYERS IN NUMERICAL SEQUENCE, IN ROTATION,7

OR IN THE ORDER IN WHICH BIDS ARE MADE;8

(b) D

ETERMINING THE ORDER IN WHICH THE PUBLIC AUCTION IS9

CONDUCTED; AND10

ETTING MINIMUM BID INCREASES.11

(2) (a) T

HE TREASURER SHALL ANNOUNCE BIDDING RULES AT THE12

BEGINNING OF THE PUBLIC AUCTION. THE BIDDING RULES APPLY TO ALL13

BIDDERS THROUGHOUT THE PUBLIC AUCTION.14

(b) I

F THE PUBLIC AUCTION IS CONDUCTED BY MEANS OF THE15

INTERNET OR OTHER ELECTRONIC MEDIUM, THE TREASURER SHALL POST16

THE INTERNET BIDDING RULES ON THE ELECTRONIC MEDIUM AT LEAST17

FOURTEEN CALENDAR DAYS BEFORE THE DATE OF SALE. THE BIDDING18

RULES APPLY TO ALL BIDDERS THROUGHOUT THE PUBLIC AUCTION.19

(3) N

OTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THE20

TREASURER SHALL:21

(a) O

NLY ACCEPT BIDS THAT ARE GREATER THAN THE COMBINED22

VALUE OF THE AMOUNT OWED TO THE LAWFUL HOLDER AND THE FEES AND23

COSTS INCURRED BY THE TREASURER IN COMPLYING WITH THIS ARTICLE24

11.5;

AND25

(b) N

OT ACCEPT BIDS MADE BY A COUNTY OFFICIAL OR A COUNTY26

EMPLOYEE ACTING IN THEIR INDIVIDUAL CAPACITY OR BY AN IMMEDIATE27

1056

-22-

FAMILY MEMBER OF A COUNTY OFFICIAL OR A COUNTY EMPLOYEE.1

(4) W

HEN THE TREASURER CONDUCTS A PUBLIC AUCTION IN2

ACCORDANCE WITH THIS ARTICLE 11.5, THE TREASURER MAY ACCEPT3

PAYMENT OF THE PURCHASE PRICE IN THE FORM OF CASH, CASHIERS4

CHECK, BANK CHECK, OR ELECTRONIC FUNDS TRANSFER, SUBJECT TO THE5

TREASURER'S BIDDING RULES.6

39-11.5-109. Treatment of an overbid. (1) (a) A

NY OVERBID7

MUST BE PAID IN ORDER OF RECORDING PRIORITY TO JUNIOR LIENORS,8

DETERMINED AS OF THE RECORDING DATE OF THE APPLICATION FOR PUBLIC9

AUCTION ACCORDING TO THE RECORDS, WHO HAVE DULY FILED A NOTICE10

OF INTENT TO REDEEM AND WHOSE LIENS HAVE NOT BEEN REDEEMED, IN11

EACH CASE UP TO THE UNPAID AMOUNT OF EACH SUCH LIENOR'S LIEN PLUS12

FEES AND COSTS. AFTER PAYMENT TO ALL LIENORS, ANY REMAINING13

OVERBID SHALL BE PAID TO THE PROPERTY OWNER.14

(b) A

LIENOR OR LAWFUL HOLDER THAT IS NOT ENTITLED TO15

REDEEM BY VIRTUE OF HOLDING A LIEN THAT IS RECORDED AFTER THE16

APPLICATION FOR PUBLIC AUCTION OR BY NOT TIMELY FILING A NOTICE OF17

INTENT TO REDEEM PURSUANT TO SECTION 39-11.5-111 OR 39-11.5-11318

DOES NOT HAVE ANY CLAIM TO ANY PORTION OF THE OVERBID. A LAWFUL19

HOLDER WHO ACCEPTS LESS THAN A FULL REDEMPTION PURSUANT TO20

SECTION 39-11.5-111 (4)(c) ALSO DOES NOT HAVE ANY CLAIM TO ANY21

PORTION OF THE OVERBID.22

HE TREASURER SHALL ONLY REDEEM THE PROPERTY TO A23

LAWFUL HOLDER. THE TREASURER MAY ISSUE OVERBID FUNDS TO LIENORS24

WHO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE 11.5, BUT SHALL25

NOT REDEEM THE PROPERTY TO THOSE LIENORS.26

(2) (a) T

HE TREASURER SHALL POST THE FOLLOWING STATEMENT27

1056

-23-

ON THE TREASURER'S OFFICE WEBSITE:1

NOTICE TO A PROPERTY OWNER OF A2

PROPERTY FOR WHICH THE OPTION FOR3

TREASURER'S DEED HAS BEEN SOLD AT PUBLIC4

AUCTION: If the option for a treasurer's deed for your5

property is sold at a public auction for more than the total6

owed to the lawful holder of a tax lien on your property and7

to all other lien holders, please contact the treasurer's office8

after the auction because you may have funds due to you.9

(b) I

N ORDER TO PAY THE PROPERTY OWNER AS REQUIRED10

PURSUANT TO SUBSECTION (1) OF THIS SECTION, A TREASURER SHALL MAIL11

THE PROPERTY OWNER A NOTICE REGARDING THE REMAINING OVERBID TO12

THE BEST AVAILABLE ADDRESS NO LATER THAN THIRTY CALENDAR DAYS13

AFTER THE CONCLUSION OF THE PUBLIC AUCTION. IF THE AMOUNT OF THE14

REMAINING OVERBID IS EQUAL TO OR GREATER THAN TWENTY-FIVE15

DOLLARS, THE TREASURER SHALL MAKE REASONABLE EFFORTS TO16

IDENTIFY THE PROPERTY OWNER'S CURRENT ADDRESS.17

N AGREEMENT TO PAY COMPENSATION TO RECOVER OR ASSIST18

IN RECOVERING AN AMOUNT DUE TO THE PROPERTY OWNER FROM THE19

TREASURER UNDER SUBSECTION (1) OF THIS SECTION IS NOT ENFORCEABLE.20

PERSON WHO INDUCES OR ATTEMPTS TO INDUCE ANOTHER PERSON TO21

ENTER INTO SUCH AN AGREEMENT COMMITS A CLASS 2 MISDEMEANOR.22

(3) (a) T

HE TREASURER SHALL HOLD ANY UNCLAIMED REMAINING23

OVERBID FROM THE PUBLIC AUCTION IN ESCROW FOR SIX MONTHS FROM24

THE DATE OF THE PUBLIC AUCTION. THE TREASURER IS ANSWERABLE FOR25

THESE FUNDS WITHOUT INTEREST AT ANY TIME WITHIN SIX MONTHS AFTER26

THE PUBLIC AUCTION TO ANY PERSON LEGALLY ENTITLED TO THE FUNDS.27

1056

-24-

THE TREASURER SHALL PAY ANY INTEREST EARNED ON THE ESCROWED1

FUNDS TO THE COUNTY AT LEAST ANNUALLY.2

(b) UNCLAIMED REMAINING OVERBIDS THAT ARE NOT CLAIMED4

WITHIN SIX MONTHS FROM THE DATE OF THE SALE ARE UNCLAIMED5

PROPERTY FOR PURPOSES OF THE "REVISED UNIFORM UNCLAIMED6

ROPERTY ACT", ARTICLE 13 OF TITLE 38. THE TREASURER SHALL7

TRANSFER THESE UNCLAIMED REMAINING OVERBIDS TO THE8

ADMINISTRATOR IN ACCORDANCE WITH ARTICLE 13 OF TITLE 38.9

REMAINING OVERBIDS TO THE ADMINISTRATOR OR TO THE GENERAL FUND11

OF THE COUNTY, THE TREASURER IS DISCHARGED FROM ANY FURTHER12

LIABILITY OR RESPONSIBILITY FOR THE MONEY.13

39-11.5-110. Procedure when purchaser fails to pay. (1) I

F A14

PERSON BIDDING AT THE PUBLIC AUCTION FAILS TO PAY THE AMOUNT DUE,15

AT THE TIME OF SALE, OR WITHIN THE TIME PERIOD ALLOWED BY THE16

TREASURER, THE TREASURER SHALL AWARD THE CERTIFICATE OF OPTION17

FOR TREASURER'S DEED TO THE NEXT HIGHEST BIDDER FROM THE PUBLIC18

AUCTION WHO TIMELY PAYS THE AMOUNT DUE FROM BIDDING TO THE19

TREASURER.20

(2) I

N A PUBLIC AUCTION CONDUCTED BY MEANS OF THE INTERNET21

OR OTHER ELECTRONIC MEDIUM, IF A PERSON BIDDING FAILS TO PAY THE22

AMOUNT DUE AT THE TIME O F SALE, OR WITHIN THE TIME PERIOD ALLOWED23

BY THE TREASURER, THE TREASURER SHALL AWARD THE CERTIFICATE OF24

OPTION FOR TREASURER'S DEED TO THE NEXT HIGHEST BIDDER FROM THE25

PUBLIC AUCTION WHO TIMELY PAYS THE AMOUNT DUE FROM BIDDING TO26

THE TREASURER. 27

1056

-25-

(3) THE TREASURER MAY PROHIBIT A PERSON WHO FAILS TO PAY1

THE AMOUNT DUE FROM BIDDING ON SALES UNDER THIS ARTICLE 11.5 FOR2

UP TO FIVE YEARS.3

39-11.5-111. Redemption of the

certificate of purchase by a4

lawful holder - procedure. (1) Requirements for redemption. A5

LAWFUL HOLDER IS ENTITLED TO REDEEM THE CERTIFICATE OF PURCHASE6

IF THE FOLLOWING REQUIREMENTS ARE MET TO THE SATISFACTION OF THE7

TREASURER:8

(a) T

HE LAWFUL HOLDER HAS, WITHIN EIGHT BUSINESS DAYS9

AFTER THE PUBLIC AUCTION, FILED A NOTICE WITH THE TREASURER OF THE10

LAWFUL HOLDER'S INTENT TO REDEEM;11

(b) T

HE LAWFUL HOLDER HAS ATTACHED TO THE NOTICE OF12

INTENT TO REDEEM THE ORIGINAL CERTIFICATE OF PURCHASE AND ANY13

ASSIGNMENT OF THE CERTIFICATE OF PURCHASE TO THE LAWFUL HOLDER,14

OR CERTIFIED COPIES THEREOF. IF THE ORIGINAL CERTIFICATE OF15

PURCHASE IS DELIVERED TO THE TREASURER, THE TREASURER SHALL16

RETURN THE CERTIFICATE OF PURCHASE TO THE LAWFUL HOLDER AND17

RETAIN A COPY.18

HE LAWFUL HOLDER HAS ATTACHED TO THE NOTICE OF INTENT19

TO REDEEM A SIGNED AND PROPERLY ACKNOWLEDGED STATEMENT OF THE20

LAWFUL HOLDER SETTING FORTH THE AMOUNT REQUIRED TO REDEEM THE21

CERTIFICATE OF PURCHASE, INCLUDING PER DIEM INTEREST, THROUGH THE22

END OF THE NINETEENTH BUSINESS DAY AFTER THE PUBLIC AUCTION WITH23

THE SAME SPECIFICITY AND ITEMIZATION AS REQUIRED IN SECTION24

38-38-106.25

(2) Request for redemption amount.

AT THE END OF THE PERIOD26

IN WHICH A LAWFUL HOLDER MAY FILE AN INTENT TO REDEEM PURSUANT27

1056

-26-

TO THIS ARTICLE 11.5, IF A NOTICE OF INTENT TO REDEEM IS FILED BY A1

LAWFUL HOLDER ENTITLED TO REDEEM UNDER THIS SECTION, THE2

TREASURER SHALL TRANSMIT BY MAIL, FACSIMILE, OR OTHER ELECTRONIC3

MEANS TO THE PURCHASER A WRITTEN REQUEST FOR A WRITTEN OR4

ELECTRONIC STATEMENT OF ALL SUMS NECESSARY TO REDEEM.5

(3) Statement of redemption. (a) U

PON RECEIPT OF THE REQUEST6

TRANSMITTED BY THE TREASURER PURSUANT TO SUBSECTION (2) OF THIS7

SECTION, THE PURCHASER SHALL SUBMIT A SIGNED AND ACKNOWLEDGED8

STATEMENT TO THE TREASURER, NO LATER THAN THIRTEEN BUSINESS9

DAYS FOLLOWING THE PUBLIC AUCTION, SPECIFYING ALL SUMS NECESSARY10

TO REDEEM AS OF THE DATE OF THE STATEMENT ALONG WITH THE11

PER DIEM AMOUNTS THAT ACCRUE AFTER THE DATE OF SALE. THE12

PURCHASER MAY AMEND THE STATEMENT AS NECESSARY TO REFLECT13

ADDITIONAL SUMS ADVANCED AS ALLOWED BY LAW, BUT THE PURCHASER14

SHALL NOT AMEND THE STATEMENT LATER THAN TWO BUSINESS DAYS15

PRIOR TO THE COMMENCEMENT OF THE REDEMPTION PERIOD PURSUANT TO16

SUBSECTION (4)(a) OF THIS SECTION.17

(b) I

F THE PURCHASER FAILS TO SUBMIT THE STATEMENT18

DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION TO THE TREASURER19

WITHIN THIRTEEN BUSINESS DAYS AFTER THE SALE, THE TREASURER MAY20

CALCULATE THE AMOUNT NECESSARY TO REDEEM BY ADDING TO THE21

SUCCESSFUL BID THE ACCRUED INTEREST FROM THE SALE THROUGH THE22

REDEMPTION DATE. THE ACCRUED INTEREST IS CALCULATED BY23

MULTIPLYING THE AMOUNT OF THE BID BY THE REGULAR RATE OF ANNUAL24

INTEREST SPECIFIED IN THE UNDERLING TAX LIEN, DIVIDED BY THREE25

HUNDRED SIXTY-FIVE AND THEN MULTIPLIED BY THE NUMBER OF DAYS26

FROM THE DATE OF SALE THROUGH THE REDEMPTION DATE.27

1056

-27-

OTHER ELECTRONIC MEANS TO THE LAWFUL HOLDER FILING THE NOTICE OF2

INTENT TO REDEEM, PROMPTLY UPON RECEIPT, THE STATEMENT FILED BY3

THE PURCHASER, OR IF NO SUCH STATEMENT IS FILED, THE TREASURER'S4

ESTIMATE OF THE REDEMPTION FIGURE, WHICH THE TREASURER SHALL5

TRANSMIT NO LATER THAN THE COMMENCEMENT OF THE REDEMPTION6

PERIOD PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION. 7

(4) Redemption period. (a) N

O MORE THAN NINETEEN BUSINESS8

DAYS NOR LESS THAN FIFTEEN BUSINESS DAYS AFTER A PUBLIC AUCTION9

IS CONDUCTED PURSUANT TO THIS ARTICLE 11.5, THE REDEEMING LAWFUL10

HOLDER MAY REDEEM THE CERTIFICATE OF PURCHASE BY PAYING TO THE11

TREASURER, NO LATER THAN 12 NOON ON THE LAST DAY OF THE LAWFUL12

HOLDER'S REDEMPTION PERIOD, IN A FORM SPECIFIED BY THE TREASURER,13

THE AMOUNT FOR WHICH THE CERTIFICATE OF PURCHASE WAS SOLD AT14

PUBLIC AUCTION WITH INTEREST FROM THE DATE OF SALE, TOGETHER WITH15

ANY APPLICABLE FEES OR COSTS. INTEREST ON THE AMOUNT FOR WHICH16

THE CERTIFICATE OF PURCHASE WAS SOLD IS CHARGED AT THE DEFAULT17

RATE SPECIFIED IN THE UNDERLYING TAX LIEN.18

(b) IF THE STATEMENT DESCRIBED IN SUBSECTION (1)(c) OF THIS20

SECTION SO STATES, OR UPON OTHER WRITTEN AUTHORIZATION FROM THE21

PURCHASER OR THE THEN-CURRENT LAWFUL HOLDER OF THE CERTIFICATE22

OF REDEMPTION, THE TREASURER MAY ACCEPT AS A FULL REDEMPTION AN23

AMOUNT LESS THAN THE AMOUNT SPECIFIED IN SUBSECTION (3)(a) OF THIS24

SECTION. ANY REDEMPTION UNDER THIS SECTION CONSTITUTES A FULL25

REDEMPTION AND IS DEEMED TO BE PAYMENT OF ALL SUMS TO WHICH THE26

LAWFUL HOLDER IS ENTITLED.27

1056

-28-

(5) Certificate of redemption. UPON RECEIPT OF THE1

REDEMPTION PAYMENT PURSUANT TO SUBSECTION (4) OF THIS SECTION,2

THE TREASURER SHALL EXECUTE AND RECORD A CERTIFICATE OF3

REDEMPTION PURSUANT TO SECTION 39-11.5-112.4

(6) Redemption proceeds. UPON THE EXPIRATION OF THE5

REDEMPTION PERIOD UNDER THIS SECTION, THE TREASURER SHALL6

DISBURSE ALL REDEMPTION PROCEEDS TO THE PERSONS ENTITLED TO7

RECEIVE THEM.8

(7) Certificate of lawful holder. A REDEEMING LAWFUL HOLDER9

SHALL PAY TO THE TREASURER THE AMOUNT REQUIRED TO REDEEM AND10

SHALL DELIVER TO THE TREASURER A SIGNED AND PROPERLY11

ACKNOWLEDGED STATEMENT BY THE LAWFUL HOLDER SHOWING THE12

AMOUNT OWING ON SUCH LIEN, INCLUDING PER DIEM INTEREST AND FEES13

AND COSTS ACTUALLY INCURRED THAT ARE PERMITTED BY SUBSECTION (6)14

OF THIS SECTION AND FOR WHICH THE LAWFUL HOLDER HAS SUBMITTED TO15

THE TREASURER RECEIPTS, INVOICES, EVIDENCE OF ELECTRONIC16

ACCOUNT-TO-ACCOUNT TRANSFERS, OR COPIES OF LOAN SERVICING17

COMPUTER SCREENS EVIDENCING THE FEES AND COSTS AND VERIFYING18

THAT THE FEES AND COSTS WERE ACTUALLY INCURRED AS OF THE DATE OF19

THE STATEMENT OF REDEMPTION WITH THE PER DIEM AMOUNTS THAT20

ACCRUE THEREAFTER. AT ANY TIME BEFORE THE EXPIRATION OF A LAWFUL21

HOLDER REDEMPTION PERIOD, THE REDEEMING LAWFUL HOLDER MAY22

SUBMIT A REVISED OR CORRECTED CERTIFICATE.23

(8) Payment of fees and costs. A LAWFUL HOLDER MAY, DURING24

THE LAWFUL HOLDER REDEMPTION PERIOD DESCRIBED IN SUBSECTION (4)25

OF THIS SECTION, PAY THE FEES AND COSTS THAT THE PURCHASER MAY26

PAY.27

1056

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(9) Misstatement of redemption amount. IF AN AGGRIEVED1

PERSON CONTESTS THE AMOUNT SET FORTH IN THE STATEMENT FILED BY2

A LAWFUL HOLDER PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION OR3

BY A PURCHASER PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION AND4

A COURT DETERMINES THAT THE LAWFUL HOLDER OR PURCHASER HAS5

MADE A MATERIAL MISSTATEMENT ON THE STATEMENT WITH RESPECT TO6

THE AMOUNT DUE AND OWING TO THE LAWFUL HOLDER OR THE7

PURCHASER, THE COURT SHALL, IN ADDITION TO OTHER RELIEF, AWARD TO8

THE AGGRIEVED PERSON THE AGGRIEVED PERSON'S COURT COSTS AND9

REASONABLE ATTORNEY FEES AND COSTS.10

(10) No partial redemption. A LAWFUL HOLDER HOLDING A LIEN11

ON LESS THAN ALL OF, OR A PARTIAL INTEREST IN, THE PROPERTY SHALL12

REDEEM THE ENTIRE PROPERTY. NO PARTIAL REDEMPTION IS PERMITTED13

UNDER THIS ARTICLE 11.5. THE PRIORITY OF LIENS FOR PURPOSES OF THIS14

SECTION IS TO BE DETERMINED WITHOUT CONSIDERATION OF THE FACT15

THAT THE LIEN RELATES TO ONLY A PORTION OF THE PROPERTY OR TO A16

PARTIAL INTEREST THEREIN.17

39-11.5-112. Certificate of redemption - issuance. (1) N

O18

SOONER THAN FIFTEEN BUSINESS DAYS FOLLOWING A PUBLIC AUCTION BUT19

NO LATER THAN FIVE BUSINESS DAYS FOLLOWING A TREASURER'S RECEIPT20

OF REDEMPTION MONEY PAID UNDER SECTION 39-11.5-111, THE21

TREASURER SHALL EXECUTE AND RECORD IN EACH COUNTY WHERE THE22

PROPERTY OR A PORTION THEREOF IS LOCATED A CERTIFICATE OF23

REDEMPTION CONTAINING:24

(a) T

HE NAME OF THE LAWFUL HOLDER;25

(b) T

HE NAME AND ADDRESS OF THE PERSON REDEEMING;26

HE REDEMPTION AMOUNT PAID;27

1056

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(d) THE DATE OF SALE;1

(e) T

HE DESCRIPTION OF THE PROPERTY REDEEMED; AND2

(f) T

HE TREASURER'S SALE NUMBER.3

(2) T

HE TREASURER SHALL RETAIN THE RECORDED CERTIFICATE OF4

REDEMPTION IN THE TREASURER'S RECORDS.5

(3) T

HE FAILURE OF THE TREASURER TO COMPLY WITH THE6

PROVISIONS OF THIS SECTION DOES NOT AFFECT THE VALIDITY OF THE SALE7

OR THE RIGHTS OF THE GRANTEE OF THE CONFIRMATION DEED.8

39-11.5-113.

Payment of overbid amount by a lienor -9

procedure. (1) Requirements for

payment of overbid amount. A10

LIENOR IS ENTITLED TO RECEIVE PAYMENT OF A PORTION OF THE OVERBID11

AMOUNT, IF THE FOLLOWING REQUIREMENTS ARE MET TO THE12

SATISFACTION OF THE TREASURER:13

(a) T

HE LIENOR'S LIEN IS A LIEN THAT IS CREATED OR RECOGNIZED14

BY STATE OR FEDERAL STATUTE OR BY JUDGMENT OF A COURT OF15

COMPETENT JURISDICTION;16

(b) T

HE LIEN IS A JUNIOR LIEN;17

HE LIENOR'S LIEN APPEARS BY INSTRUMENTS THAT WERE18

DULY RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF THE19

COUNTY PRIOR TO THE TREASURER RECORDING THE APPLICATION FOR20

PUBLIC AUCTION PURSUANT TO SECTION 39-11.5-103. IF, PRIOR TO THE21

DATE AND TIME OF THE TREASURER'S RECORDING OF THE APPLICATION FOR22

PUBLIC AUCTION PURSUANT TO SECTION 39-11.5-103 (2), A LIEN WAS23

RECORDED IN AN INCORRECT COUNTY, THE LIENOR'S RIGHTS UNDER THIS24

SECTION ARE VALID ONLY IF THE LIEN IS RERECORDED IN THE CORRECT25

COUNTY AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO THE PUBLIC26

AUCTION.27

1056

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(d) THE LIENOR HAS, WITHIN EIGHT BUSINESS DAYS AFTER THE1

PUBLIC AUCTION, FILED A NOTICE WITH THE TREASURER OF THE LIENOR'S2

INTENT TO RECEIVE PAYMENT OF A PORTION OF THE OVERBID AMOUNT.3

(e) T

HE LIENOR HAS ATTACHED TO THE NOTICE OF INTENT TO4

REDEEM THE ORIGINAL INSTRUMENT AND ANY ASSIGNMENT OF THE LIEN5

TO THE PERSON ATTEMPTING TO RECEIVE PAYMENT OF A PORTION OF THE6

OVERBID AMOUNT, OR CERTIFIED COPIES THEREOF, OR IN THE CASE OF A7

QUALIFIED HOLDER AS DEFINED IN SECTION 38-38-100.3 (20), A COPY OF8

THE INSTRUMENT EVIDENCING THE LIEN AND ANY ASSIGNMENT OF THE9

LIEN TO THE PERSON ATTEMPTING TO RECEIVE PAYMENT OF A PORTION OF10

THE OVERBID AMOUNT. IF THE ORIGINAL INSTRUMENT IS DELIVERED TO11

THE TREASURER, THE TREASURER SHALL RETURN THE ORIGINAL12

INSTRUMENT TO THE LIENOR AND RETAIN A COPY.13

(f) T

HE LIENOR HAS ATTACHED TO THE NOTICE OF INTENT TO14

RECEIVE PAYMENT OF A PORTION OF THE OVERBID AMOUNT A SIGNED AND15

PROPERLY ACKNOWLEDGED STATEMENT OF THE LIENOR SETTING FORTH16

THE AMOUNT REQUIRED TO REDEEM THE LIENOR'S LIEN, INCLUDING PER17

DIEM INTEREST, THROUGH THE END OF THE NINETEENTH BUSINESS DAY18

AFTER THE PUBLIC AUCTION WITH THE SAME SPECIFICITY AND ITEMIZATION19

AS REQUIRED IN SECTION 38-38-106.20

(2) Overbid payment proceeds. UPON THE EXPIRATION OF THE22

OVERBID AMOUNT PAYMENT PERIOD UNDER THIS SECTION, THE TREASURER23

SHALL DISBURSE ALL OVERBID AMOUNT PAYMENT PROCEEDS TO THE24

PERSONS ENTITLED TO RECEIVE THEM.25

(3) Misstatement of redemption amount. IF AN AGGRIEVED26

PERSON CONTESTS THE AMOUNT SET FORTH IN THE STATEMENT FILED BY27

1056

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A LIENOR PURSUANT TO SUBSECTION (1)(f) OF THIS SECTION AND A COURT1

DETERMINES THAT THE LIENOR HAS MADE A MATERIAL MISSTATEMENT ON2

THE STATEMENT WITH RESPECT TO THE AMOUNT DUE AND OWING TO THE3

LIENOR, THE COURT SHALL, IN ADDITION TO OTHER RELIEF, AWARD TO THE4

AGGRIEVED PERSON THE AGGRIEVED PERSON'S COURT COSTS AND5

REASONABLE ATTORNEY FEES AND COSTS.6

39-11.5-114. Federal redemption rights. A

NY REDEMPTION7

RIGHTS GRANTED UNDER FEDERAL LAW ARE SEPARATE AND DISTINCT8

FROM THE REDEMPTION RIGHTS GRANTED UNDER THIS ARTICLE 11.5. ALL9

LIENS THAT ARE JUNIOR TO A TAX LIEN PURSUANT TO THIS ARTICLE 11.510

ARE DIVESTED BY THE PUBLIC AUCTION CONDUCTED IN ACCORDANCE WITH11

THIS ARTICLE 11.5, SUBJECT TO THE REDEMPTION RIGHTS PROVIDED IN12

THIS ARTICLE 11.5. THE TREASURER CONDUCTING A PUBLIC AUCTION13

UNDER THIS ARTICLE 11.5 IS NOT DESIGNATED TO RECEIVE REDEMPTIONS14

UNDER FEDERAL LAW.15

39-11.5-115. Certificate of option for treasurer's deed -16

assignability. (1) T

HE TREASURER SHALL PREPARE, SIGN, AND RETAIN17

FOR SAFEKEEPING OR DELIVER TO THE PURCHASER A CERTIFICATE OF18

OPTION FOR TREASURER'S DEED DESCRIBING THE PROPERTY AND19

CONFIRMING, EXCEPT IN THE CASE OF THE PURCHASER DESCRIBED IN20

SECTION 39-11.5-101 (14)(c), THAT PAYMENT HAS BEEN MADE. THE21

TREASURER MAY CHARGE THE PURCHASER A FEE IN AN AMOUNT EQUAL TO22

THE AMOUNT ESTABLISHED IN SECTION 38-37-104 (1)(b)(IV) FOR EACH23

SUCH CERTIFICATE.24

(2) T

HE CERTIFICATE OF OPTION FOR TREASURER'S DEED IS25

ASSIGNABLE BY ENDORSEMENT, AND AN ASSIGNMENT THEREOF, WHEN26

ENTERED UPON THE RECORD OF SALES IN THE OFFICES OF THE COUNTY27

1056

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CLERK AND RECORDER AND THE TREASURER, VESTS IN THE ASSIGNEE OR1

THE ASSIGNEE'S LEGAL REPRESENTATIVE ALL THE RIGHT AND TITLE OF THE2

PURCHASER.3

(3) UPON THE ISSUANCE OF A CERTIFICATE OF OPTION, IF THE4

LAWFUL HOLDER HAS NOT REDEEMED PURSUANT TO SECTION 39-11.5-111,5

THE TREASURER SHALL DISBURSE THE REMAINING PROCEEDS THAT THE6

LAWFUL HOLDER IS ENTITLED TO FROM THE PUBLIC ACTION TO LAWFUL7

HOLDER TO RECEIVE THEM.8

39-11.5-116. Presentation of certificate of option for9

treasurer's deed for deed - fee - purchase by a local government.10

(1) T

HE TREASURER SHALL MAKE OUT AND DELIVER A DEED FOR EACH11

LOT, PARCEL, INTEREST, OR IMPROVEMENT FOR WHICH A CERTIFICATE OF12

OPTION FOR TREASURER'S DEED WAS SOLD AND WHICH REMAINS13

UNREDEEMED ON DEMAND OF:14

(a) T

HE PURCHASER OR LAWFUL HOLDER OF A CERTIFICATE OF15

OPTION FOR TREASURER'S DEED ISSUED PURSUANT TO SECTION16

39-11.5-115;

OR17

(b) T

HE HOLDER OF AN ORDER ISSUED BY THE BOARD OF COUNTY18

COMMISSIONERS PURSUANT TO SUBSECTION (3) OF THIS SECTION.19

(2) T

HE TREASURER IS ENTITLED TO A FEE IN AN AMOUNT EQUAL20

TO THE AMOUNT ESTABLISHED IN SECTION 38-37-104 (1)(b)(IV) FOR:21

(a) E

ACH DEED MADE AND ACKNOWLEDGED BY THE TREASURER22

PURSUANT TO THIS SECTION; AND23

(b) E

ACH DEED ACKNOWLEDGED BY THE TREASURER PURSUANT TO24

THIS SECTION.25

(3) (a) I

F A CERTIFICATE OF OPTION FOR TREASURER'S DEED IS LOST26

OR WRONGFULLY WITHHELD FROM THE RIGHTFUL OWNER AND THE27

1056

-34-

PROPERTY HAS NOT BEEN REDEEMED, A CLAIMANT MAY FILE A CLAIM WITH1

THE TREASURER.2

(b) A

FTER REVIEWING A CLAIM FILED BY A CLAIMANT PURSUANT3

TO SUBSECTION (3)(a) OF THIS SECTION, THE TREASURER MAY ISSUE AN4

ORDER STATING THAT THE CERTIFICATE OF OPTION FOR TREASURER'S DEED5

WAS LOST OR WRONGFULLY WITHHELD FROM THE RIGHTFUL OWNER. THE6

TREASURER SHALL DELIVER SUCH AN ORDER TO THE CLAIMANT AND FILE7

A COPY OF THE CERTIFICATE WITH THE CLERK AND RECORDER.8

(4) (a) W

HENEVER ANY CERTIFICATE OF OPTION FOR TREASURER'S9

DEED IS BID ON BY OR FOR A CITY, TOWN, OR CITY AND COUNTY AT A10

PUBLIC AUCTION, SUCH CITY, TOWN, OR CITY AND COUNTY IS ENTITLED TO11

A DEED, IN THE SAME MANNER AS OTHER PURCHASERS AT SUCH PUBLIC12

AUCTIONS.13

(b) T

HE TREASURER OF A COUNTY, CITY, TOWN, OR CITY AND14

COUNTY THAT PURCHASES A CERTIFICATE OF OPTION FOR TREASURER'S15

DEED AT A PUBLIC AUCTION MAY ASSIGN AND DELIVER THE RESULTING16

DEED. IN SO DOING, THE TREASURER SHALL CHARGE AN AMOUNT EQUAL17

TO THE COMBINATION OF:18

(I) T

HE AMOUNT PAID AT THE PUBLIC AUCTION BY THE COUNTY,19

CITY, TOWN, OR CITY AND COUNTY;20

(II) A

NY INTEREST AND COSTS THAT ACCRUED ON THE AMOUNT21

PAID AT THE PUBLIC AUCTION BY THE COUNTY, CITY, TOWN, OR CITY AND22

COUNTY; AND23

(III) A

NY FEE AMOUNT DETERMINED BY THE BOARD OF COUNTY24

COMMISSIONERS OR OTHER BOARD AUTHORIZED TO PERFORM THE DUTIES25

OF A BOARD OF COUNTY COMMISSIONERS.26

39-11.5-117. Fees and costs.

ALL FEES AND COSTS INCURRED27

1056

-35-

PURSUANT TO THIS ARTICLE 11.5 ARE CHARGEABLE AS ADDITIONAL1

AMOUNTS OWING UNDER THE TAX LIEN. THE TREASURER SHALL 2

COLLECT FROM THE LAWFUL HOLDER, PRIOR TO HOLDING THE PUBLIC3

AUCTION. 4

39-11.5-118. Abbreviations, letters, and figures may be used.5

N ALL ADVERTISEMENTS FOR THE PUBLIC AUCTION AND IN ENTRIES6

REQUIRED TO BE MADE BY THE ASSESSOR, COUNTY CLERK AND RECORDER,7

TREASURER, OR OTHER COUNTY OFFICERS IN LISTS, BOOKS, ROLLS,8

CERTIFICATES, RECEIPTS, DEEDS, OR NOTICES, THE ASSESSOR, COUNTY9

CLERK AND RECORDER, TREASURER OR OTHER COUNTY OFFICER MAY USE10

LETTERS, FIGURES, AND ABBREVIATIONS TO DENOTE TOWNSHIPS, RANGES,11

SECTIONS, PARTS OF SECTIONS, LOTS, BLOCKS, DATES AND AMOUNTS OF12

TAXES, DELINQUENT INTEREST, AND COSTS.13

39-11.5-119. Interaction with other law. NOTWITHSTANDING14

ANY LAW TO THE CONTRARY, ON OR AFTER JULY 1, 2024, A PURCHASER,15

LAWFUL HOLDER, OR TREASURER SHALL FOLLOW THE PROCEDURES16

ESTABLISHED IN THIS ARTICLE 11.5 AND SHALL NOT FOLLOW THE17

PROCEDURES ESTABLISHED IN ARTICLE 11 OF TITLE 39 CONCERNING THE18

ISSUANCE OF A DEED. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON19

OR AFTER JULY 1, 2024, A TREASURER SHALL NOT ISSUE A DEED PURSUANT20

TO ARTICLE 11 OF TITLE 39.21

SECTION 6. In Colorado Revised Statutes, amend 37-5-111 as

follows:

37-5-111. Manner of collection - tax sale - certificate of

purchase - tax deed. (1) B

EFORE JULY 1, 2024, lands sold for delinquent25

assessments under articles 1 to 8 of this title

TITLE 37 shall be struck off26

to the conservancy district or bid in for the conservancy district, in like

1056

-36-

manner and effect, including issuance of a deed therefor, as provided by1

law with respect to lands struck off to, or bid in for, counties, cities, or

towns as the case may be; but when a certificate of purchase has been

issued to the conservancy district with respect to any lands, no certificate

of purchase for subsequent assessments shall be issued with respect to the

same lands, except to the conservancy district, until all assessments

represented by certificates of purchase held by the conservancy district

have been redeemed or paid.

(2) B

EFORE JULY 1, 2024, no holder of such certificate of9

purchase, other than the conservancy district, shall be entitled to a tax

deed thereon, except upon payment of all assessments subsequent to such

certificate of purchase, which are due and unpaid or unredeemed, at the

time of issuance of the tax deed; and the tax deed so issued to such holder

shall be subject to future unpaid assessments. Any such holder of a

certificate of purchase may at any time after three years from issuance

thereof present the same to the county treasurer, together with all

subsequent certificates held by him

THE HOLDER, as evidence of17

subsequent payment of assessments, and request the county treasurer to

issue one tax deed thereon; and one tax deed shall be issued accordingly

in the same manner as other tax deeds.

(3) B

EFORE JULY 1, 2024, the conservancy district may at any time21

after three years from issuance of any such certificate of purchase held by

the district present the same to the county treasurer, together with all

subsequent certificates of purchase held by it as evidence of unpaid

subsequent assessments, and request the county treasurer to issue one tax

deed thereon; and one deed shall be issued accordingly in the same

manner as other tax deeds; but such tax deed shall not prejudice the parity

1056

-37-

of any existing lien for general taxes. Upon the delivery of the tax deed,1

the conservancy district shall have and enjoy all the rights of an owner in

fee simple to the lands described therein; but no sale of such land shall be

made by the district except subject to the lien of assessments due and

unpaid subsequent to the issuance of the tax deed to the district, as well

as future unpaid assessments, nor shall the district convey such property

by deed with covenants of warranty, nor shall any sale of such property

be made for less than the principal amount of the original assessment

thereon, remaining due and unpaid, unless such sale is approved by an

order of the district court in which the organization proceeding of the

district is pending.

(4) B

EFORE JULY 1, 2024, the conservancy district by resolution12

of its board of directors may sell, assign, and deliver any such certificates

held by the district for such sum as the board of directors may determine

and authorize; but no such sale or assignment shall be made which

THAT15

does not include all certificates held by the district with respect to the

same land. Upon presentation and surrender of such certificates by the

assignee thereof to the county treasurer, such officer shall accept the same

in payment of the assessment represented thereby, unless such purchaser

requests a tax deed thereon as provided in this section. No such

assignment shall be made by the district for less than the principal sum

represented by the certificate assigned, except upon order approving the

assignment, made by the district court wherein the organization

proceedings of the district is pending.

(5) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER25

ULY 1, 2024, A CONSERVANCY DISTRICT, A HOLDER OF A CERTIFICATE OF26

PURCHASE OTHER THAN A CONSERVANCY DISTRICT, OR A COUNTY27

1056

-38-

TREASURER SHALL FOLLOW THE PROCEDURES ESTABLISHED IN ARTICLE1

11.5

OF TITLE 39 AND SHALL NOT FOLLOW THE PROCEDURES ESTABLISHED2

IN THIS SECTION OR ARTICLE 11 OF TITLE 39 CONCERNING THE ISSUANCE3

OF A TAX DEED. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR4

AFTER JULY 1, 2024, A CONSERVANCY DISTRICT SHALL NOT STRIKE OFF OR5

BID IN FOR THE CONSERVANCY DISTRICT LANDS FOR DELINQUENT6

ASSESSMENTS AND A COUNTY TREASURER SHALL NOT ISSUE A CERTIFICATE7

OF SALE, CERTIFICATE OF PURCHASE, OR TAX DEED PURSUANT TO THIS8

SECTION OR ARTICLE 11 OF TITLE 39 TO THE EXTENT SUCH ACTIONS WOULD9

BE INCONSISTENT WITH THE REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.10

SECTION 7. In Colorado Revised Statutes, amend 37-23-114 as

follows:

37-23-114. State tax laws to apply. (1) The laws of this state for

the collection of general taxes including the laws for the sale of property

for taxes and the redemption of the same, except as modified in this

section, shall apply and have full force and effect for the purposes of

articles 20 to 30 of this title

TITLE 37, and the provisions of said articles17

for collecting the same shall be deemed for the purpose of carrying into

effect the police powers granted to drainage districts for the construction

and maintenance of drainage systems and shall not be construed as

imposing a special tax under the taxing power. B

EFORE JULY 1, 2024, in21

case of a sale of any lot or parcel of land or any interest therein for

delinquent drainage district taxes or delinquent drainage district and other

taxes, and there are no bids therefor on any of the days of such tax sale,

the same shall be struck off to the drainage district in which such land is

located for the amount of the taxes, interest, and costs thereon, and a

certificate of sale shall be made out to the district therefor and delivered

1056

-39-

to its secretary, who shall file the same in the office of its board of1

directors and record the same in a book of public record to be kept by said

board for such purpose, but no charge shall be made by the county

treasurer for making such certificate, and in such case he

THE COUNTY4

TREASURER shall make an entry on his THE TREASURER'S records "struck5

off to .............. drainage district" as well as an entry showing the amount

of the taxes and interest thereon for which said lands were offered for

sale, together with the cost attending such sale. No taxes assessed against

any land so struck off to said district under the provisions of this section

shall be payable until the same has been derived by the district from the

sale or redemption of such lands.

(2) B

EFORE JULY 1, 2024, such drainage district or its assignee12

shall be entitled to a tax deed for said lands, in the same manner and

subject to the same equities as if a private purchaser at said tax sale, upon

the payment to the county treasurer at the time of demanding said deed of

such sum as the board of county commissioners of such county at any

regular or special meeting may decide for the payment of any delinquent

general taxes, and if said deed is demanded by any assignee of the

drainage district, then such assignee shall also pay to the county treasurer

such additional amount as may be specified by the board of directors of

the drainage district, as payment for any delinquent drainage district

taxes.

(3) B

EFORE JULY 1, 2024, in case the owner of said lot or parcel23

of land, or interest therein, desires to redeem the same at any time before

said tax deed is issued, the same may be done in the same manner as

provided by law, in case said lot or parcel of land, or interest therein, has

been purchased by a bidder at said tax sale or has been struck off to the

1056

-40-

county, and in such case the county treasurer shall forthwith issue a1

certificate of redemption therefor and notify the secretary of said fact,

who shall thereupon make a suitable transfer entry upon his

THE3

SECRETARY'S record aforesaid, and return the certificate of sale to the4

county treasurer for cancellation.

(4) B

EFORE JULY 1, 2024, in case any person desires to obtain such6

certificate of purchase so issued to said drainage district, the same may be

done in the same manner as provided by law in case said lot or parcel of

land, or interest therein, had been purchased by a bidder at said tax sale

or had been struck off to the county, upon payment to the county treasurer

of the required amount in cash, or in cash together with warrants not in

excess of the drainage district and redemption fund tax, or in cash and in

warrants and bonds and coupons respectively, not in excess of said

respective funds.

(5) B

EFORE JULY 1, 2024, after any certificate of sale or tax deed15

has been issued to any drainage district, such drainage district or any

assignee thereof may at any time commence an action in the district court

in the county wherein the major portion of said drainage district lies, for

the purpose of determining the validity of said tax sale. Such action shall

be conducted in the same manner as an action to quiet title to real estate

under the laws of the state; and after the final determination of such

action, the validity of the taxes for which the property was sold and the

legality of the proceedings taken in the sale of the property involved shall

be incontestable between all persons and parties whatsoever.

(6) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER25

ULY 1, 2024, A DRAINAGE DISTRICT, AN ASSIGNEE OF A DRAINAGE26

DISTRICT, A HOLDER OF A CERTIFICATE OF PURCHASE, OR A COUNTY27

1056

-41-

TREASURER SHALL FOLLOW THE PROCEDURES ESTABLISHED IN ARTICLE1

11.5

OF TITLE 39 AND SHALL NOT FOLLOW THE PROCEDURES ESTABLISHED2

IN THIS SECTION, SECTION 37-23-115 TO 37-23-118, OR ARTICLE 11 OF3

TITLE 39 CONCERNING THE ISSUANCE OF A TAX DEED. NOTWITHSTANDING4

ANY LAW TO THE CONTRARY, ON OR AFTER JULY 1, 2024, A LOT OR PARCEL5

OF LAND SHALL NOT BE STRUCK OFF TO A DRAINAGE DISTRICT AND A6

COUNTY TREASURER SHALL NOT ISSUE A CERTIFICATE OF SALE,7

CERTIFICATE OF PURCHASE, OR TAX DEED PURSUANT TO THIS SECTION OR8

ARTICLE 11 OF TITLE 39 TO THE EXTENT SUCH ACTIONS WOULD BE9

INCONSISTENT WITH THE REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.10

SECTION 8. In Colorado Revised Statutes, amend 37-23-115 as

follows:

37-23-115. Sale of property taxed - repeal. (1) The board of

directors of any drainage district may sell, dispose of, and convey, on

behalf of such district, any real property to which such drainage district

may take title by tax deed under the provisions of section 37-23-114, as

said board may by resolution direct, either at public or private sale, at

such price and upon such terms as said board may determine, and without

any authorization from the electors of such district.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.20

SECTION 9. In Colorado Revised Statutes, amend 37-23-116 as

follows:

37-23-116. President to execute deed - repeal. (1) The president

of the board of directors of such drainage district, when authorized by

resolution of the board of directors, is empowered to execute,

acknowledge, and deliver any deeds of conveyance necessary to convey

such real property to the purchaser thereof. The deed of conveyance shall

1056

-42-

be attested by the secretary of such drainage district under its seal, and1

when so executed such deed of conveyance shall be held to convey the

entire title of such drainage district to the purchaser thereof.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.4

SECTION 10. In Colorado Revised Statutes, amend 37-23-117

as follows:

37-23-117. Proceeds of sale - repeal. (1) The proceeds of such

sales shall be paid into such fund of the drainage district as its board of

directors by resolution may direct.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.10

SECTION 11. In Colorado Revised Statutes, amend 37-23-118

as follows:

37-23-118. Directors to perfect title - repeal. (1) The board of

directors of any such drainage district is authorized to take such steps in

the name of and on behalf of the district as it deems necessary in order to

perfect the title of such drainage district to any lands to which it has taken

title by tax deed and for that purpose may procure and take deeds of

conveyance or other assurances of title from the holders of record or other

titles to such lands and may institute actions for the purpose of quieting

title to such real estate as against the claims of any other persons,

associations, or corporations.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.22

SECTION 12. In Colorado Revised Statutes, 37-41-124, amend

(1), (2), (3), and (4); and add (4.5) as follows:

37-41-124. Assessment - collection - redemption - deed.

(1) The revenue laws of this state for the assessment, levying, and

collection of taxes on real estate for county purposes, as modified in this

1056

-43-

section, shall be applicable for the purposes of this article ARTICLE 41,1

including the enforcement of penalties and forfeiture for delinquent taxes.

EFORE JULY 1, 2024, however, in case of sale of any lot or parcel of3

land, or any interest therein, for delinquent irrigation district taxes or

delinquent irrigation district and general taxes, when there are no bids

therefor on any of the days of such tax sale, the same shall be struck off

to the irrigation district in which such land is located for the amount of

the taxes, interest, and costs thereon, and a certificate of sale shall be

made out to said district therefor and delivered to its secretary, who shall

file the same in the office of its board of directors and record the same in

a book of public record to be kept by said board for such purpose, but no

charge shall be made by the county treasurer for making such certificate,

and in such case he

THE COUNTY TREASURER shall make the entry "struck13

off to .............. irrigation district" on his

THE TREASURER'S records, as14

well as an entry showing the amount of the general irrigation district taxes

and interest thereon, respectively, for which said lands were offered for

sale, together with the cost attending such sale.

(2) B

EFORE JULY 1, 2024, no taxes assessed against any land so18

struck off to said district under the provisions of this section shall be

payable until the same has been derived by the district from the sale or

redemption of such lands. Such irrigation district or its assignee shall be

entitled to a tax deed for said lands in the same manner and subject to the

same equities as if a private purchaser at said tax sale, upon the payment

to the county treasurer at the time of demanding said deed of such sum as

the board of county commissioners of such county at any regular or

special meeting may decide.

(3) B

EFORE JULY 1, 2024, in case the owner of said lot or parcel27

1056

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of land, or interest therein, desires to redeem the same at any time before1

said tax deed shall be issued, the same may be done in the same manner

as is provided by law to be done, in case said lot or parcel of land, or

interest therein, had been purchased by a bidder at said tax sale or had

been struck off to the county. In such case the county treasurer shall

forthwith issue a certificate of redemption therefor and notify the district

secretary of said fact, who shall thereupon make a suitable transfer entry

upon his

THE SECRETARY'S record and return the certificate of sale to the8

county treasurer for cancellation.

(4) B

EFORE JULY 1, 2024, in case any person desires to obtain such10

certificate of purchase so issued to said irrigation district, the same may

be done in the same manner as provided by law to be done in case said lot

or parcel of land, or interest therein, had been purchased by a bidder at

said tax sale or had been struck off to the county, upon payment to the

county treasurer of the required amount in cash, or in cash together with

warrants not in excess of the district general fund tax, or in cash and

interest coupons or bonds not in excess of the irrigation district and

redemption fund tax, or in cash and in warrants and bonds, respectively,

not in excess of said respective funds.

(4.5) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR20

AFTER JULY 1, 2024, AN IRRIGATION DISTRICT, AN ASSIGNEE OF A21

IRRIGATION DISTRICT, A HOLDER OF A CERTIFICATE OF PURCHASE, OR A22

COUNTY TREASURER SHALL FOLLOW THE PROCEDURES ESTABLISHED IN23

ARTICLE 11.5 OF TITLE 39 AND SHALL NOT FOLLOW THE PROCEDURES24

ESTABLISHED IN THIS SECTION OR ARTICLE 11 OF TITLE 39 CONCERNING25

THE ISSUANCE OF A TAX DEED. NOTWITHSTANDING ANY LAW TO THE26

CONTRARY, ON OR AFTER JULY 1, 2024, A LOT OR PARCEL OF LAND SHALL27

1056

-45-

NOT BE STRUCK OFF TO AN IRRIGATION DISTRICT AND A COUNTY1

TREASURER SHALL NOT ISSUE A CERTIFICATE OF SALE, CERTIFICATE OF2

PURCHASE, OR TAX DEED PURSUANT TO THIS SECTION OR ARTICLE 11 OF3

TITLE 39 TO THE EXTENT SUCH ACTIONS WOULD BE INCONSISTENT WITH4

THE REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.5

SECTION 13. In Colorado Revised Statutes, amend 37-43-183

as follows:

37-43-183. Application. (1) B

EFORE JULY 1, 2024, the provisions8

of sections 37-43-183 to 37-43-189 shall apply only to irrigation districts

having a bonded indebtedness of twenty dollars or more per acre and to

lands in such described irrigation districts upon which the general

property taxes have been delinquent and unpaid for more than five years.

(2) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER13

ULY 1, 2024, A COUNTY TREASURER SHALL FOLLOW THE PROCEDURES14

ESTABLISHED IN ARTICLE 11.5 OF TITLE 39 AND SHALL NOT FOLLOW THE15

PROCEDURES ESTABLISHED IN THIS SECTION, SECTIONS 37-43-184 TO16

37-43-189,

OR ARTICLE 11 OF TITLE 39 CONCERNING STRIKING OFF LAND17

OR THE ISSUANCE OF A CERTIFICATE OF SALE OR TAX DEED.18

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER JULY 1,19

2024,

A LOT OR PARCEL OF LAND SHALL NOT BE STRUCK OFF TO A COUNTY20

OR AN IRRIGATION DISTRICT AND A COUNTY TREASURER SHALL NOT ISSUE21

A CERTIFICATE OR TAX DEED PURSUANT TO SECTIONS 37-43-184 TO22

37-43-189

OR ARTICLE 11 OF TITLE 39.23

SECTION 14. In Colorado Revised Statutes, amend 37-43-184

as follows:

37-43-184. Treasurer to strike off lands to county - repeal.

(1) When lands situate in an irrigation district, having an outstanding

1056

-46-

bonded indebtedness or indebtedness evidenced by outstanding warrants1

for which there are no available funds for payment, are sold for

delinquent taxes assessed for state, county, and school district purposes,

or any one or more of said purposes, with or without levies for irrigation

district taxes or assessments, and there are no bidders at said sale for said

lands in the amount of taxes assessed against the same, the treasurer, as

in other cases, shall strike said lands off to the county for the amount of

the state, county, and school district taxes and issue a certificate the same

as in other cases. The treasurer shall offer separately said lands for sale

for irrigation district taxes or assessments, if any, and sell the same to the

person who bids the amount of the assessments for irrigation purposes

against said lands. Such bidder may pay in cash or by such other

obligations of said district as are acceptable for such purpose. If there is

no bidder when said lands are offered for sale for the irrigation district

assessments, the same shall be struck off to the district. In either event a

certificate of sale for irrigation district assessments shall be executed and

delivered to the purchaser or said district with a notation thereon by the

treasurer showing the outstanding certificate of sale held by the county

and the amount thereof.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.20

SECTION 15. In Colorado Revised Statutes, amend 37-43-185

as follows:

37-43-185. Redemption - repeal. (1) The person holding said

certificate of purchase for irrigation district taxes, or the irrigation district,

or any persons to whom said district assigns said certificate issued to it,

upon payment of the amount due the county for state, county, and school

district taxes, together with costs of sale and interest as provided by law,

1056

-47-

or for such amount as may be fixed by the board of county1

commissioners, may redeem from the sale to said county, and the amount

so paid shall be endorsed upon and added to the certificate of sale issued

for irrigation district assessments or taxes.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.5

SECTION 16. In Colorado Revised Statutes, amend 37-43-186

as follows:

37-43-186. Lands offered for sale - when - repeal. (1) Lands

covered by an outstanding certificate held by the county shall not again

be offered for sale until said certificate is redeemed or assigned.

Subsequent taxes assessed against said land shall be endorsed upon such

certificate and shall become an additional amount due and payable

thereon.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.14

SECTION 17. In Colorado Revised Statutes, amend 37-43-187

as follows:

37-43-187. When county entitled to tax deed - repeal. (1) If

any such certificate of sale issued to the county is not sold or assigned

within three years from the date of the sale, thereupon the county may

apply for a tax deed and shall be entitled to such tax deed the same as

provided by law for other purchasers at tax sales. After the execution of

said deed, the county shall be entitled to the rents, issues, and profits from

any such land the same as any other owner. Such tax deed shall name the

board of county commissioners as grantee and tax deeds may be executed

and delivered, based upon certificates now held by counties, as well as

certificates which may hereafter be issued covering lands in irrigation

districts having an outstanding indebtedness, as provided in this article.

1056

-48-

(2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.1

SECTION 18. In Colorado Revised Statutes, amend 37-43-188

as follows:

37-43-188. County may sell by quitclaim deed - repeal. (1) At

any time the county may sell by quitclaim deed any such land so acquired

for the best price obtainable in the opinion of the board, which price is to

be fixed by the board of county commissioners; and the purchase price,

as well as the net amount realized as rental on such lands, shall be applied

upon and apportioned to the payment of taxes for state, county, and

school district purposes in proportion to the amount due at the time said

tax deed is executed and delivered.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.12

SECTION 19. In Colorado Revised Statutes, amend 37-43-189

as follows:

37-43-189. Continuation of lien of bonded indebtedness -

repeal. (1) No such sale shall relieve the land so sold from the lien of a

bonded indebtedness, but the county, if it becomes the owner of any such

land, shall not be obligated or liable for any such bonded indebtedness,

interest, or other assessments or levies on account of irrigation district

purposes, but the same shall be enforceable against the land, and not

otherwise.

(2) T

HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.22

SECTION 20. In Colorado Revised Statutes, amend 37-45-129

as follows:

37-45-129. Sale for delinquencies. (1) B

EFORE JULY 1, 2024, if25

the taxes or assessments levied are not paid, then the real property shall

be sold at the regular tax sale for the payment of said taxes and

1056

-49-

assessments, interest, and penalties in the manner provided by the statutes1

of the state of Colorado for selling property for payment of general taxes.

If there are no bids at said tax sale for the property so offered under class

A and class B, said property shall be struck off to the county, and the

county shall account to the district in the same manner as provided by law

for accounting for school, town, and city taxes. If there are no bids for the

property so offered under class C and class D, said property shall be

struck off to the district, and the tax certificate shall be issued in the name

of the district, and the board shall have the same power with reference to

sale of said tax certificate as vested in county commissioners and county

treasurers when property is struck off to the counties.

(2) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER12

ULY 1, 2024, A WATER CONSERVANCY DISTRICT OR A COUNTY TREASURER13

SHALL FOLLOW THE PROCEDURES ESTABLISHED IN ARTICLE 11.5 OF TITLE14

AND SHALL NOT FOLLOW THE PROCEDURES ESTABLISHED IN THIS15

SECTION OR ARTICLE 11 OF TITLE 39 CONCERNING THE STRIKING OFF OF16

PROPERTY OR THE ISSUANCE OF A TAX CERTIFICATE OR TAX DEED.17

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER JULY 1,18

2024,

A LOT OR PARCEL OF LAND SHALL NOT BE STRUCK OFF TO A COUNTY19

OR WATER CONSERVANCY DISTRICT AND A COUNTY TREASURER SHALL20

NOT ISSUE A TAX CERTIFICATE OR TAX DEED PURSUANT TO THIS SECTION21

OR ARTICLE 11 OF TITLE 39 TO THE EXTENT SUCH ACTIONS WOULD BE22

INCONSISTENT WITH THE REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.23

SECTION 21. In Colorado Revised Statutes, 37-46-126.6,

amend (1); and add (4) as follows:

37-46-126.6. Delinquent taxes. (1) B

EFORE JULY 1, 2024, if the26

taxes levied are not paid, then delinquent real property shall be sold at the

1056

-50-

regular tax sale for the payment of such taxes, interest, and penalties in1

the manner provided by statute for selling real property for the

nonpayment of taxes. If there are no bids at such tax sale for the property

so offered, the property shall be struck off to the county, and the county

shall account to the district or the subdistrict levying the taxes in the same

manner as provided by law for accounting for school, town, and city

taxes.

(4) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER8

ULY 1, 2024, A DISTRICT, SUBDISTRICT, OR COUNTY TREASURER SHALL9

FOLLOW THE PROCEDURES ESTABLISHED IN ARTICLE 11.5 OF TITLE 39 AND10

SHALL NOT FOLLOW THE PROCEDURES ESTABLISHED IN THIS SECTION OR11

ARTICLE 11 OF TITLE 39 CONCERNING THE SALE OR STRIKING OFF OF12

PROPERTY TO A COUNTY OR THE ISSUANCE OF A TAX DEED.13

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER JULY 1,14

2024,

A LOT OR PARCEL OF LAND SHALL NOT BE STRUCK OFF TO A COUNTY15

FOR NONPAYMENT OF TAXES PURSUANT TO THIS SECTION OR ARTICLE 1116

OF TITLE 39 TO THE EXTENT SUCH ACTIONS WOULD BE INCONSISTENT WITH17

THE REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.18

SECTION 22. In Colorado Revised Statutes, 37-47-128, amend

(2) and (3); and add (4) as follows:

37-47-128. Limitations on power to levy and contract.

(2) B

EFORE JULY 1, 2024, all assessments under this article ARTICLE 4722

shall be collected by the county treasurer of the respective counties in

which said real estate is situated at the same time and in the same manner

as is provided by law for the collection of taxes for county and state

purposes, and, if said assessments are not paid, then the real estate shall

be sold at the regular tax sale for the payment of said assessments,

1056

-51-

interest, and penalties in the manner provided by the statutes of the state1

of Colorado for selling property for the payment of general taxes. If there

are no bids at said tax sale for the property so offered, said property shall

be struck off to the district, and the tax certificates shall be issued in the

name of the district, and the board of directors has the same power with

reference to the sale of said tax certificates as is now vested in county

commissioners and county treasurers when property is struck off to the

counties.

(3) B

EFORE JULY 1, 2024, tax deeds may be issued, based upon9

said certificates of sale, in the same manner that deeds are executed on tax

sales on general state and county taxes.

(4) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER12

ULY 1, 2024, THE DISTRICT, A SUBDISTRICT, OR A COUNTY TREASURER13

SHALL FOLLOW THE PROCEDURES ESTABLISHED IN ARTICLE 11.5 OF TITLE14

AND SHALL NOT FOLLOW THE PROCEDURES ESTABLISHED IN THIS15

SECTION OR ARTICLE 11 OF TITLE 39 CONCERNING THE SALE OR STRIKING16

OFF OF PROPERTY TO THE DISTRICT OR THE ISSUANCE OF A CERTIFICATE OF17

SALE OR TAX DEED. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON18

OR AFTER JULY 1, 2024, A LOT OR PARCEL OF LAND SHALL NOT BE STRUCK19

OFF TO THE DISTRICT AND A TAX CERTIFICATE OR TAX DEED SHALL NOT BE20

ISSUED PURSUANT TO THIS SECTION OR ARTICLE 11 OF TITLE 39 TO THE21

EXTENT SUCH ACTIONS WOULD BE INCONSISTENT WITH THE22

REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.23

SECTION 23. In Colorado Revised Statutes, 37-48-110, amend

(2) and (3); and add (4) as follows:

37-48-110. Limitations on power to levy and contract.

(2) B

EFORE JULY 1, 2024, all assessments under this article ARTICLE 4827

1056

-52-

shall be collected by the county treasurers of the respective counties in1

which said real estate is situated at the same time and in the same manner

as is provided by law for the collection of taxes for county and state

purposes, and, if said assessments are not paid, the real estate shall be

sold at regular tax sales for the payment of said assessments, interest, and

penalties in the manner provided by the statutes of the state of Colorado

for selling property for the payment of general taxes. If there are no bids

at said tax sales for the property so offered, said property shall be struck

off to the district, and the tax certificates shall be issued in the name of

the district; and the board of directors has the same power with reference

to the sale of said tax certificates as is now vested in county

commissioners and county treasurers when property is struck off to the

counties.

(3) B

EFORE JULY 1, 2024, tax deeds may be issued, based upon14

said certificates of sale, in the same manner that deeds are executed on tax

sales on general state and county taxes.

(4) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER17

ULY 1, 2024, THE DISTRICT, A SUBDISTRICT, OR A COUNTY TREASURER18

SHALL FOLLOW THE PROCEDURES ESTABLISHED IN ARTICLE 11.5 OF TITLE19

AND SHALL NOT FOLLOW THE PROCEDURES ESTABLISHED IN THIS20

SECTION OR ARTICLE 11 OF TITLE 39 CONCERNING THE SALE OR STRIKING21

OFF OF PROPERTY TO THE DISTRICT OR THE ISSUANCE OF A CERTIFICATE OF22

SALE OR TAX DEED. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ON23

OR AFTER JULY 1, 2024, A LOT OR PARCEL OF LAND SHALL NOT BE STRUCK24

OFF TO THE DISTRICT AND A TAX CERTIFICATE OR TAX DEED SHALL NOT BE25

ISSUED PURSUANT TO THIS SECTION OR ARTICLE 11 OF TITLE 39 TO THE26

EXTENT SUCH ACTIONS WOULD BE INCONSISTENT WITH THE27

1056

-53-

REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.1

SECTION 24. In Colorado Revised Statutes, amend 37-48-150

as follows:

37-48-150. Manner of collection - tax sale - certificate of

purchase - tax deed. (1) B

EFORE JULY 1, 2024, lands sold for delinquent5

special improvement assessments, special assessments, service charges,

or user fees under this article

ARTICLE 48 shall be struck off to the district,7

or bid in for the district, in like manner and effect, including issuance of

a deed therefor, as provided by law with respect to lands struck off to, or

bid in for, counties, cities, or towns, as the case may be; but, when a

certificate of purchase has been issued to the district with respect to any

lands, no certificate of purchase for subsequent special improvement

assessments, special assessments, service charges, or user fees shall be

issued with respect to the same lands, except to the district, until all

special improvement assessments, special assessments, service charges,

or user fees represented by certificates of purchase held by the district

have been redeemed or paid.

(2) B

EFORE JULY 1, 2024, no holder of such certificate of18

purchase, other than the district, shall be entitled to a tax deed thereon,

except upon payment of all special improvement assessments, special

assessments, service charges, or user fees subsequent to such certificate

of purchase that are due and unpaid or unredeemed, at the time of

issuance of the tax deed; and the tax deed so issued to such holder shall

be subject to future unpaid special improvement assessments, special

assessments, service charges, or user fees. Any such holder of a certificate

of purchase may, at any time after three years after issuance thereof,

present the same to the county treasurer, together with all subsequent

1056

-54-

certificates held by him or her THE HOLDER, as evidence of subsequent1

payment of special improvement assessments, special assessments,

service charges, or user fees, and request the county treasurer to issue one

tax deed thereon; and one tax deed shall be issued accordingly in the same

manner as other tax deeds.

(3) B

EFORE JULY 1, 2024, the district may, at any time after three6

years after issuance of any such certificate of purchase held by the

district, present the same to the county treasurer, together with all

subsequent certificates of purchase held by it, as evidence of unpaid

subsequent special improvement assessments, special assessments,

service charges, or user fees, and request the county treasurer to issue one

tax deed thereon, and one deed shall be issued accordingly in the same

manner as other tax deeds; but such tax deeds shall not prejudice the

parity of any existing lien for general taxes. Upon the delivery of the tax

deed, the conservation district shall have and enjoy all the rights of an

owner in fee simple to the lands described therein; but no sale of such

land shall be made by the district, except one subject to the lien of special

improvement assessments, special assessments, service charges, or user

fees due and unpaid subsequent to the issuance of the tax deed to the

district as well as to future unpaid special improvement assessments,

special assessments, service charges, or user fees, nor shall the district

convey such property by deed with covenants of warranty, nor shall any

sale of such property be made for less than the principal amount of the

original special improvement assessments, special assessments, service

charges, or user fees thereon remaining due and unpaid, unless such sale

is approved by an order of the district court in which the organization

proceedings of the district are filed.

1056

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(4) BEFORE JULY 1, 2024, the district, by resolution of its board of1

directors, may sell, assign, and deliver any such certificates held by the

district for such sum as the board of directors may determine and

authorize; but no such sale or assignment shall be made that does not

include all certificates held by the district with respect to the same land.

Upon presentation and surrender of such certificates by the assignee

thereof to the county treasurer, such officer shall accept the same in

payment of the special improvement assessments, special assessments,

service charges, or user fees represented thereby, unless such purchaser

requests a tax deed thereon as provided in this section. No such

assignment shall be made by the district for less than the principal sum

represented by the certificate assigned, except upon order approving the

assignment made by the district court wherein the organization

proceedings of the district are pending.

(5) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER15

ULY 1, 2024, THE DISTRICT, A HOLDER OF A CERTIFICATE OF PURCHASE,16

OR A COUNTY TREASURER SHALL FOLLOW THE PROCEDURES ESTABLISHED17

IN ARTICLE 11.5 OF TITLE 39 AND SHALL NOT FOLLOW THE PROCEDURES18

ESTABLISHED IN THIS SECTION OR ARTICLE 11 OF TITLE 39 CONCERNING19

THE ISSUANCE OF A TAX DEED. NOTWITHSTANDING ANY LAW TO THE20

CONTRARY, ON OR AFTER JULY 1, 2024, A LOT OR PARCEL OF LAND SHALL21

NOT BE STRUCK OFF TO THE DISTRICT AND A COUNTY TREASURER SHALL22

NOT ISSUE A CERTIFICATE OF PURCHASE OR TAX DEED PURSUANT TO THIS23

SECTION OR ARTICLE 11 OF TITLE 39 TO THE EXTENT SUCH ACTIONS WOULD24

BE INCONSISTENT WITH THE REQUIREMENTS OF ARTICLE 11.5 OF TITLE 39.25

SECTION 25. In Colorado Revised Statutes, 37-50-111, amend

(2) and (3); and add (4) as follows:

1056

-56-

37-50-111. Limitations on power to levy and contract.1

(2) B

EFORE JULY 1, 2024, all property taxes and assessments under this2

article

ARTICLE 50 shall be collected by the county treasurers of the3

respective counties in which real estate is situated at the same time and

in the same manner as is provided by law for the collection of taxes for

county and state purposes, and, if the assessments are not paid, the real

estate shall be sold at regular tax sales for the payment of the assessments,

interest, and penalties in the manner provided by the laws of this state for

selling property for the payment of general taxes. If there are no bids at

the tax sales for the property so offered, the tax certificates shall be issued

in the name of the district; and the board has the same power with

reference to the sale of the tax certificates as is now vested in county

commissioners and county treasurers when a tax certificate is issued in

the name of a county.

(3) B

EFORE JULY 1, 2024, tax deeds may be issued, based upon the15

certificates of sale, in the same manner that deeds are executed on tax

sales on general state and county taxes.

(4) N

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER18

ULY 1, 2024, THE DISTRICT OR A COUNTY TREASURER SHALL FOLLOW THE19

PROCEDURES ESTABLISHED IN ARTICLE 11.5 OF TITLE 39 AND SHALL NOT20

FOLLOW THE PROCEDURES ESTABLISHED IN THIS SECTION OR ARTICLE 1121

OF TITLE 39 CONCERNING THE SALE OR STRIKING OFF OF PROPERTY TO THE22

DISTRICT OR THE ISSUANCE OF A CERTIFICATE OF SALE OR TAX DEED.23

OTWITHSTANDING ANY LAW TO THE CONTRARY, ON OR AFTER JULY 1,24

2024,

A LOT OR PARCEL OF LAND SHALL NOT BE STRUCK OFF TO THE25

DISTRICT AND A TAX CERTIFICATE OR TAX DEED SHALL NOT BE ISSUED26

PURSUANT TO THIS SECTION OR ARTICLE 11 OF TITLE 39 TO THE EXTENT27

1056

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SUCH ACTIONS WOULD BE INCONSISTENT WITH THE REQUIREMENTS OF1

ARTICLE 11.5 OF TITLE 39.2

SECTION 26. Effective date. This act takes effect July 1, 2024.3

SECTION 27.

Safety clause. The general assembly finds,4

determines, and declares that this act is necessary for the immediate5

preservation of the public peace, health, or safety or for appropriations for6

the support and maintenance of the departments of the state and state7

institutions.8

1056

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