HB2361 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2361 By: Boles and Lawson of the
House
and
Garvin of the Senate
AS INTRODUCED
An Act relating to abandoned property; amending 68
O.S. 2021, Section 3129, which relates to property
bid off in name of county; modifying bid procedures;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 3129, is
amended to read as follows:
Section 3129. A. On the day real e state is advertised for
resale, the county treasurer shall offer same for sale at the office
of the county treasurer between the hours of eight a.m. a nd five
p.m., the exact hours of each sale to be determined by the local
county treasurer, and continue th e sale thereafter from day to d ay
between such hours until all of the real estate is sold. The real
estate shall be sold at public auction to the hig hest bidder for
cash.
HB2361 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. All property must be s old for a sum not less than two -thirds
(2/3) of the assessed value of such real estate as fixed for the
current fiscal year, or for the total amount of taxes, penalties,
interest and costs due on such propert y, whichever is the lesser.
Notwithstanding, there shall be a reserve minimum bid placed in an
amount covering all taxes, abatement costs, penalties, interest,
costs due to a municipality if the right to exercise the reserve
minimum bid is noticed to the county treasurer. With the exception
of common area nuisance property, if there is no bid equal to or
greater than the sum so required, the county treasurer shall bid off
the same in the name of the county . However, the property must be
bid off in the name of th e municipality if demand is made in writing
by a municipality which has outstanding liens upon the property. In
cases of common area nuisance property, the c ounty treasurer shall
have discretion to not bid off the pr operty in the name of the
county and instead allow the property to remain under its current
ownership, unless demand is made in wri ting by a municipality which
has outstanding liens upon the property. "Common area Nuisance
nuisance property" shall be defined as property that is deemed
unmarketable or unusable due to the existence of liens in excess of
the property's fair market value as shown by the county assessor 's
office or due to environmental problems or conditions that exist on
the property that would cost more to remedy than the fair m arket
value of the property as shown by the county assessor 's office, or
HB2361 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
property in which abatement liens have been placed upon th e property
by a municipality in ex cess of twenty-five percent (25%) of the
property's fair market value as shown by the count y assessor's
office. Greenbelts, common areas, easements, retention ponds and
detention ponds may also be considered common area nuisance property
if transference of ownership to either the county or a third party
would cause a hardship to the neighborhoo d or subdivision these
areas were meant to serve or to the county or third party. The
county treasurer shall make the determinatio n, in conjunction with
review and approval of the board of county commissione rs, upon
consideration of the above factors, as to whether or not property
constitutes common area nuisance property. The said common area
nuisance property determination may be made at any time during the
year, including before or immediately after the J une resale. In the
case of a common area nuisance property that has liens from a city
or town, if a minimum bid is not made, the city o r town shall be
credited a bid on the prope rty equal to the amount of the lien of
the city or town if its intention to d o so is made known to the
county treasurer prior to the sale or at the sale. In the case of a
common area nuisance property with liens from a city or town, if a
minimum bid is not made, the common area nuisance property shall be
bid off in the name of the city or town if its intention to do so is
made known to the county treasurer prior to the sale or at the sale.
All property bid off in the name of the county shall be for the
HB2361 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
amount of all taxes, penalties, interest and costs due thereon, and
the county treasurer shall issue a deed therefor to the boa rd of
county commissioners for the use and benefit of the county. All
common area nuisance property bid off in the name of the cit y or
town shall be for the amount of any municipal liens due thereon, and
the county treasurer shall issue a deed therefor to the city or town
for the use and benefit of the city or town.
C. The county treasurers shall provide to the Oklahoma Health
Care Authority (OHCA) a list of properties that will be sold at tax
resales in their respective counties. Using the information
provided, the OHCA shall produce a list for each county of
properties on which the OHCA h as liens. The county treasurers shall
make the list of properties with the OHCA liens available to
potential buyers at the tax resales. The OHCA shall file a release
of the liens on properties that fit the definition of blighted
properties, as defined in Section 38-101 of Title 11 of the Oklahoma
Statutes, in the county records of the county where the property is
located upon request of that county's treasurer. The fi ling of the
lien release shall not extinguish the debt owed to the OHCA which
may be enforced through any legal means available to the OHCA.
D. The county shall not be liable to the state or any taxing
district thereof for any part of the amount for which any property
may be sold to such county. All property bid off in the name of the
HB2361 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
county shall be exempt from ad valorem taxation as long as title is
held for the county.
E. 1. The county shall not be civi lly liable for any
environmental problems or con ditions on any property which existed
on the property prior to the county 's involuntary ownership of the
property pursuant to this section, or which may result from such
environmental problems or conditions o n the property. During the
period of the county 's involuntary ownership of the property, the
person or persons who would be legally lia ble for the environmental
problems or conditions on the property but for the county 's
ownership shall continue to be lia ble for such environmental
problems or condition s.
2. In addition, the county shall not be subject to civil
liability with regard to an y actions taken by the county to
remediate any problems or conditions on the property resulting from
the environmental problems or conditions if the remedial action is
not performed in a reckless or negligent manner.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
dated 02/13/2023 - DO PASS, As Coauthored.