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Legislative Update

Parcels offered at successive tax sales

May 30, 2023 Filed Under: Civil

S.E.A. 157, P.L. 27

Effective: July 1, 2023

  • Requires that the county auditor’s notice of tax sale include a statement providing that if a tract or item of real property has been offered for sale at a county treasurer’s tax sale (treasurer’s sale) and a county executive’s tax sale (executive’s sale) on two or more occasions without a bid, the tract or item of real property may be subject to an ordinance authorized by the bill.
  • Adds a person who claims a substantial property interest of public record to a statute concerning the county auditor’s provision of notice of tax sale to certain persons who annually request a copy of the notice.
  • Provides that a person who owns any tract or item of real property that has been offered for sale at a treasurer’s sale and executive’s sale on two or more occasions without a bid is prohibited from bidding on or purchasing tracts offered for sale.
  • Adds language that allows a county legislative body to adopt an ordinance with respect to parcels of real property that have been offered for sale at a treasurer’s sale and an executive’s sale on two or more occasions without a bid.
  • Specifies that such a parcel (subject to certain criteria) is considered a public hazard.
  • Establishes a procedure for a county to transfer a tax sale certificate to a municipality or retain a tax sale certificate and for a county or municipality to file a petition with the circuit court (court) requesting the issuance of a deed for the property to the requesting county or municipality.
  • Provides that, at the request of a municipality, the county auditor and county treasurer (subject to available funding) shall enter into a mutual agreement for the county auditor to perform certain duties concerning notification of a party’s right to redeem such a parcel and the filing of a petition to the court for issuance of a tax deed for the parcel.
  • Provides that the court shall hold a hearing on the petition for issuance of a tax deed and if the property is deemed a public hazard, the court order must include specific provisions.
  • Provides requirements that apply to a quiet title action with respect to a parcel placed into the name of a county or municipality.
  • Provides that an owner of a parcel of real property that has been offered for sale at a treasurer’s sale and an executive’s sale on two or more occasions without a bid may transfer the real property, subject to any liens and encumbrances, by warranty deed to a county or municipality.

Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/157

Filed Under: Civil Tagged With: tax sale

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