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Senate Bill 0335


Senate Bill 0335

ARCHIVE (2010)

Latest Information

 

DIGEST OF SB 335 (Updated February 16, 2010 5:29 pm - DI 75)


Local government. Provides that the tax sale property list may be certified on or after January 1 and not later than 51 days after the first tax payment due date. Allows a county to recover its costs of sale of certain certificates of sale. Requires court approval of certain claims against the tax sale surplus fund. Places restrictions on agreements by property owners for location, delivery, recovery, or assistance in the recovery of money deposited in the tax sale surplus fund. Allows the county executive to assign a certificate of sale with respect to real property to any political subdivision, and provides that the period of redemption of the real property is 120 days after the assignment. Establishes procedures to account for funds if a tax sale is declared invalid. Allows a sheriff's sale to proceed only if the tax sale redemption amount and outstanding property taxes, special assessments, penalties, and interest are paid. Requires notice to a tax sale purchaser of certain actions proposed with respect to the property under the unsafe building statute. Authorizes the department of local government finance, with the approval of the attorney general and local officials and upon making certain findings, to cancel property taxes, interest, and penalties assessed against tangible property owned by certain exempt entities. Specifies that a reorganization committee acting under the local government reorganization statutes must include in its reorganization plan submitted to a political subdivision after June 30, 2010, a statement regarding: (1) whether a fiscal impact analysis concerning the proposed reorganization has been prepared by or on behalf of the reorganization committee; and (2) whether a fiscal impact analysis concerning the proposed reorganization has been made available to the public. Provides that in the case of a plan of reorganization submitted to a political subdivision after June 30, 2010, the political subdivision shall post a copy of the plan of reorganization on an Internet web site maintained or authorized by the political subdivision not more than 30 days after receiving the plan of reorganization. Provides that officers for a reorganized political subdivision that results from a reorganization including a county and at least one municipality shall be elected at the next general election after the voters approve the reorganization. Specifies that the public question on a proposed reorganization shall be placed on the ballot on the first regularly scheduled general election or municipal election (excluding any primary elections) that will occur in all of the precincts of the reorganizing political subdivisions. Provides that if a statute is enacted allowing a county to reorganize the county executive body, county legislative body, or county fiscal body and if: (1) a plan of reorganization is not prepared, notice must be published that includes a statement indicating whether a fiscal impact analysis has been prepared or not prepared and whether the fiscal impact analysis has been made available or has not been made available to the public; or (2) a plan of reorganization is prepared, the plan of reorganization must include a statement indicating whether a fiscal impact analysis has been prepared or not prepared and whether the fiscal impact analysis has been made available or has not been made available to the public. Requires that a notice regarding: (1) a sewer lien on property occupied by a person other than the property owner; or (2) the removal of weeds or rank vegetation; must be given to the property owner by certified mail at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice. Provides that an enforcement agency that has obtained an abatement order for a vacant or abandoned structure may under certain conditions file a praecipe for sale of the property with the clerk of the county in which a judgment and decree for sale is filed after 180 days have elapsed from the date the judgment and decree is filed, if the party that is entitled to enforce the judgment has not itself filed a praecipe. Combines two separate Indiana Code provisions concerning the presuit notice required in residential foreclosure proceedings into one section. Repeals one of the provisions being combined. Provides that the presuit notice must inform the debtor that if the creditor obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff's sale is conducted: (1) Appeal a finding of abandonment by a court. (2) Redeem the real estate from the judgment. (3) Retain possession of the property, subject to certain conditions. Corrects the use of a term in the unsafe building law.
    Current Status:
     Out of Committee 2nd House
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