North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1267

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
1/23/23  
Engrossed
1/25/23  
Refer
2/10/23  
Report Pass
3/30/23  
Enrolled
4/17/23  

Caption

The disposition of proceeds from tax lien foreclosures.

Impact

The legislation is expected to impact the way tax lien foreclosures are handled by local governments, potentially simplifying the financial processes involved in the sale of foreclosed properties. By mandating that proceeds from these sales be apportioned as regular tax payments, the bill enhances transparency and accountability in managing public funds. This could lead to improved financial stability for counties and municipalities, as they will have clearer guidelines regarding property tax collections from foreclosed properties.

Summary

House Bill 1267 focuses on the procedures related to the disposition of proceeds from tax lien foreclosures in North Dakota. The bill amends existing state law to specify how proceeds from the sale of properties under tax liens should be allocated. It outlines the responsibilities of the county treasurer in issuing tax receipts and managing the distribution of excess proceeds from such sales. This change aims to streamline the process and ensure that proceeds are fairly distributed to appropriate parties, including property owners and local government entities.

Sentiment

The sentiment around HB 1267 appears to be largely supportive, particularly among county officials and local government representatives who see it as a necessary update to an existing framework. However, there may be some concerns regarding the bill's ability to balance the interests of property owners with the need for counties to recover unpaid taxes. Overall, the dialogue surrounding the bill has highlighted a commitment to improving tax collection processes without unduly complicating the rights of property owners.

Contention

Despite the general support for the bill's intent, there are notable points of contention, particularly concerning how excess proceeds will be distributed in cases of disputed claims. The bill stipulates a ninety-day retention period for excess proceeds, which raises questions about the fairness of this timeframe for property owners who may not receive their rightful share quickly. Additionally, there are concerns about potential loopholes or misinterpretations of the law that could lead to disputes among local governments and property owners over the allocation of funds.

Companion Bills

No companion bills found.

Previously Filed As

ND HB406

Relating to the disposition of excess proceeds of a tax sale of real property or foreclosure of a tax lien on real property.

ND HB375

Regards tax foreclosures, county land reutilization corporations

ND S312

Changes to Liens and Foreclosures by HOAs

ND HB2878

Judicial foreclosure; excess proceeds sale

ND A3968

Revises tax lien foreclosure process to protect equity accrued by property owner in tax lien foreclosure.

ND S3343

Revises tax lien foreclosure process to protect equity accrued by property owner in tax lien foreclosure.

ND HB3280

Relating to proceeds from tax foreclosure sales.

ND SB663

Relating to disposition of proceeds and property from asset forfeiture proceedings under the Code of Criminal Procedure.

ND HB2088

Relating to surpluses from the disposition of foreclosed property; prescribing an effective date.

ND HB2096

Relating to surpluses from the disposition of foreclosed property; prescribing an effective date.

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DC B25-0486

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CA SB603

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HI HB1398

Relating To Property.