Requests the Louisiana State Law Institute to study feasibility of authorizing tax lien sales as a replacement or alternative to tax sale certificates.
Impact
The resolution points to significant issues surrounding the existing tax sale certificate system, including protracted litigation, due process concerns, and complications related to mortgages and foreclosure processes. By exploring alternatives such as tax lien sales, it seeks to streamline procedures and enact a fairer framework for the collection of property taxes. If enacted, this could lead to substantial revisions in state tax laws, potentially impacting the way tax delinquencies are handled and ultimately increasing the effectiveness of tax collection in Louisiana.
Summary
Senate Resolution No. 40, sponsored by Senator Allain, urges the Louisiana State Law Institute to study the feasibility of implementing tax lien sales as a potential replacement for the existing tax sale certificate system. The resolution highlights the challenges posed by the current 'hybrid' approach employed by Louisiana, which combines elements of tax lien and tax deed sales with a right of redemption for taxpayers. Emphasis is placed on the need for a more straightforward and efficient method of tax collection, reducing the complexities and legal disputes that often arise from the current system.
Sentiment
Overall, the sentiment surrounding SR40 leans towards a constructive approach to improving Louisiana's tax collection system. Supporters of the resolution are likely to view the proposed study as a positive step towards modernization and efficacy in governmental operations. While the document does not present overt opposition, it indirectly acknowledges the complexities and challenges involved with certain legal processes that have historically burdened taxpayers and authorities alike.
Contention
Potential points of contention may arise during the study as stakeholders seek to address constitutional issues and ensure that any new system maintains taxpayer rights while effectively recouping owed taxes. Concerns could include the implications of changing the redemption period and how it might affect lower-income homeowners or those facing financial hardships. The resolution reflects a proactive legislative effort, yet the feasibility study will need to address diverse viewpoints to garner widespread support and lead to actionable recommendations.
Requests the Louisiana State Law Institute to study the laws relative to sheriff's tax sales in Orleans Parish and make recommendations relative to the feasibility of establishing a more expeditious process.
Requests the Louisiana State Law Institute to study the feasibility and constitutionality of alternative dispute resolutions as a means of resolving "legacy" disputes.
Requests that the Louisiana State Law Institute study the feasibility of requiring clerks of court to accept electronic signatures on documents to be filed with the court.
Requests the Louisiana State Law Institute to study and make recommendations regarding the feasibility of the use of levee roads by owners of enclosed estates to reach a public road.
Requests the Louisiana State Law Institute to establish a special committee to study the feasibility of extending child support beyond the age of majority.