Period for redemption; tax deed; limitations on expectation of tax
deed; county auditor removal of taxes from tax duplicate
Sec. 4. (a) The period for redemption of real property sold under
IC 6-1.1-24 is:
(1) one (1) year after the date of sale;
(2) one hundred twenty (120) days after the date of sale to a
purchasing agency qualified under IC 36-7-17;
(3) one hundred twenty (120) days after the date of sale of real
property on the list prepared under IC 6-1.1-24-1.5; or
(4) one hundred twenty (120) days after the date of sale under
IC 6-1.1-24-5.5(b).
(b) The period for redemption of real property:
(1) on which the county acquires a lien under IC 6-1.1-24-6; and
(2) for which the certificate of sale is not sold under
IC 6-1.1-24-6.1;
is one hundred twenty (120) days after the date the county acquires
the lien under IC 6-1.1-24-6.
(c) The period for redemption of real property:
(1) on which the county acquires a lien under IC 6-1.1-24-6; and
(2) for which the certificate of sale is sold under IC 6-1.1-24;
is one hundred twenty (120) days after the date of sale of the
certificate of sale under IC 6-1.1-24.
(d) When a deed for real property is executed under this chapter,
the county auditor shall cancel the certificate of sale and file the
canceled certificate in the office of the county auditor. If real
property that appears on the list prepared under IC 6-1.1-24-1.5 is
offered for sale and an amount that is at least equal to the minimum
sale price required under IC 6-1.1-24-5(e) is not received, the county
auditor shall issue a deed to the real property in the manner provided
in IC 6-1.1-24-6.5.
(e) When a deed is issued to a county under this chapter, the taxes
and special assessments for which the real property was offered for
sale, and all subsequent taxes, special assessments, interest,
penalties, and cost of sale shall be removed from the tax duplicate in
the same manner that taxes are removed by certificate of error.
(f) A tax deed executed under this chapter vests in the grantee an
estate in fee simple absolute, free and clear of all liens and
encumbrances created or suffered before or after the tax sale except
those liens granted priority under federal law and the lien of the state
or a political subdivision for taxes and special assessments which
accrue subsequent to the sale and which are not removed under
subsection (e). However, the estate is subject to:
(1) all easements, covenants, declarations, and other deed
restrictions shown by public records;
(2) laws, ordinances, and regulations concerning governmental
police powers, including zoning, building, land use,
improvements on the land, land division, and environmental
protection; and
(3) liens and encumbrances created or suffered by the grantee.
(g) A tax deed executed under this chapter is prima facie evidence
of:
(1) the regularity of the sale of the real property described in the
deed;
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(h) A county auditor is not required to execute a deed to the
county under this chapter if the county executive determines that the
property involved contains hazardous waste or another
environmental hazard for which the cost of abatement or alleviation
will exceed the fair market value of the property. The county may
enter the property to conduct environmental investigations.
(i) If the county executive makes the determination under
subsection (h) as to any interest in an oil or gas lease or separate
mineral rights, the county treasurer shall certify all delinquent taxes,
interest, penalties, and costs assessed under IC 6-1.1-24 to the clerk,
following the procedures in IC 6-1.1-23-9. After the date of the
county treasurer's certification, the certified amount is subject to
collection as delinquent personal property taxes under IC 6-1.1-23.
Notwithstanding IC 6-1.1-4-12.4 and IC 6-1.1-4-12.6, the assessed
value of such an interest shall be zero (0) until production
commences.
(j) When a deed is issued to a purchaser of a certificate of sale
sold under IC 6-1.1-24-6.1, the county auditor shall, in the same
manner that taxes are removed by certificate of error, remove from
the tax duplicate the taxes, special assessments, interest, penalties,
and costs remaining due as the difference between the amount of the
last minimum bid under IC 6-1.1-24-5(e) and the amount paid for the
certificate of sale.
(Formerly: Acts 1975, P.L.47, SEC.1; Acts 1975, P.L.195, SEC.6.)
As amended by Acts 1981, P.L.11, SEC.26; P.L.89-1987, SEC.5;
P.L.87-1987, SEC.8; P.L.83-1989, SEC.13; P.L.61-1991, SEC.2;
P.L.69-1993, SEC.2; P.L.31-1994, SEC.6; P.L.39-1994, SEC.15;
P.L.2-1995, SEC.27; P.L.88-1995, SEC.7; P.L.89-1995, SEC.1;
P.L.124-1998, SEC.6; P.L.139-2001, SEC.14; P.L.198-2001,
SEC.60; P.L.1-2002, SEC.26; P.L.170-2003, SEC.10.
Last modified: May 28, 2006