OK
Oklahoma House Bill HB2361

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2361 Compare Versions

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334 BILL NO. 2361 By: Boles and Lawson of the
435 House
536
637 and
738
839 Garvin of the Senate
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1345 An Act relating to abandoned property; amending 68
1446 O.S. 2021, Section 3129, which relates to property
1547 bid off in name of county; modifying bid procedures;
1648 and providing an effective date.
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20-SUBJECT: Abandoned property
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2353 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2554 SECTION 1. AMENDATORY 68 O.S. 2021, Section 3129, is
2655 amended to read as follows:
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2856 Section 3129. A. On the day real estate is advertised for
2957 resale, the county treasurer shall offer same for sale at the office
3058 of the county treasurer between the hours of eight a.m. a nd five
3159 p.m., the exact hours of each sale to be determined by the local
3260 county treasurer, and continue the sale thereafter from day to day
3361 between such hours until all of the real estate is sold. The real
3462 estate shall be sold at public auction to the hig hest bidder for
3563 cash.
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3791 B. All property must be s old for a sum not less than two-thirds
3892 (2/3) of the assessed value of such real estate as fixed for the
3993 current fiscal year, or for the total amount of taxes, penalties,
4094 interest and costs due on such propert y, whichever is the lesser.
4195 Notwithstanding, there shall be a reserve minimum bid placed in an
4296 amount covering all taxes, abatement costs, penalties, interest,
4397 costs due to a municipality if the right to exercise the reserve
4498 minimum bid is noticed to the county treasurer. With the exception
4599 of common area nuisance property, if there is no bid equal to or
46-greater than the sum so required, the county treasurer shall bid off ENR. H. B. NO. 2361 Page 2
100+greater than the sum so required, the county treasurer shall bid off
47101 the same in the name of the county . However, the property must be
48102 bid off in the name of th e municipality if demand is made in writing
49103 by a municipality which has outstanding liens upon the property. In
50104 cases of common area nuisance property, the c ounty treasurer shall
51105 have discretion to not bid off the pr operty in the name of the
52106 county and instead allow the property to remain under its current
53107 ownership, unless demand is made in writing by a municipality which
54108 has outstanding liens upon the property. "Common area nuisance
55109 Nuisance property" shall be defined as property that is deemed
56110 unmarketable or unusable due to the existence of liens in excess of
57111 the property's fair market value as shown by the county assessor's
58112 office or due to environmental problems or conditions that exist on
59113 the property that would cost more to remedy than the fair m arket
60114 value of the property as shown by the county assessor 's office, or
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61142 property in which abatement liens have been placed upon the property
62143 by a municipality in ex cess of twenty-five percent (25%) of the
63144 property's fair market value as shown by the count y assessor's
64145 office. Greenbelts, common areas, easements, retention ponds and
65146 detention ponds may also be considered common area nuisance property
66147 if transference of ownership to either the county or a third party
67148 would cause a hardship to the neighborhoo d or subdivision these
68149 areas were meant to serve or to the county or third party. The
69150 county treasurer shall make the determination, in conjunction with
70151 review and approval of the board of county commissione rs, upon
71152 consideration of the above factors, as to whether or not property
72153 constitutes common area nuisance property. The said common area
73154 nuisance property determination may be made at any time during the
74155 year, including before or immediately after the J une resale. In the
75156 case of a common area nuisance property that has liens from a city
76157 or town, if a minimum bid is n ot made, the city or town shall be
77158 credited a bid on the property equal to the amount of the lien of
78159 the city or town if its intention to d o so is made known to the
79160 county treasurer prior to the sale or at the sale. In the case of a
80161 common area nuisance property with liens from a city or town, if a
81162 minimum bid is not made, the common area nuisance property shall be
82163 bid off in the name of the city or town if its intention to do so is
83164 made known to the county treasurer prior to the sale or at the sale.
84165 All property bid off in the name of the county shall be for the
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85193 amount of all taxes, penalties, interest and costs due thereon, and
86194 the county treasurer shall issue a deed therefor to the boa rd of
87195 county commissioners for the use and benefit of the county. All
88196 common area nuisance property bid off in the name of the city or
89197 town shall be for the amount of any municipal liens due thereon, and
90198 the county treasurer shall issue a deed therefor to the city or town
91-for the use and benefit of the city or town. ENR. H. B. NO. 2361 Page 3
199+for the use and benefit of the city or town.
92200 C. The county treasurers shall provide to the Oklahoma Health
93201 Care Authority (OHCA) a list of properties that will be sold at tax
94202 resales in their respective counties. Using the information
95203 provided, the OHCA shall produce a list for each county of
96204 properties on which the OHCA has liens. The county treasurers shall
97205 make the list of properties with the OHCA liens available to
98206 potential buyers at the tax resales. The OHCA shall file a release
99207 of the liens on properties that fit the definition of blighted
100208 properties, as defined in Section 38-101 of Title 11 of the Oklahoma
101209 Statutes, in the county records of the county where the property is
102210 located upon request of that county's treasurer. The fi ling of the
103211 lien release shall not extinguish the debt owed to the OH CA which
104212 may be enforced through any legal means available to the OHCA.
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106213 D. The county shall not be liable to the state or any taxing
107214 district thereof for any part of the amount for which any property
108215 may be sold to such county. All property bid off in th e name of the
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109243 county shall be exempt from ad valorem taxation as long as title is
110244 held for the county.
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112245 E. 1. The county shall not be civi lly liable for any
113246 environmental problems or con ditions on any property which existed
114247 on the property prior to the co unty's involuntary ownership of the
115248 property pursuant to this section, or which may result from such
116249 environmental problems or conditions o n the property. During the
117250 period of the county 's involuntary ownership of the property, the
118251 person or persons who w ould be legally liable for the environmental
119252 problems or conditions on the property but for the county 's
120253 ownership shall continue to be lia ble for such environmental
121254 problems or condition s.
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123255 2. In addition, the county shall not be subject to civil
124256 liability with regard to any actions taken by the county to
125257 remediate any problems or conditions on the property resulting from
126258 the environmental problems or conditions if the remedial action is
127259 not performed in a reckless or negligent manner.
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129260 SECTION 2. This act shall become effective November 1, 2023.
130- ENR. H. B. NO. 2361 Page 4
131-Passed the House of Representatives the 22nd day of March, 2023.
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136- Presiding Officer of the House
137- of Representatives
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140-Passed the Senate the 26th day of April, 2023.
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145- Presiding Officer of th e Senate
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148-OFFICE OF THE GOVERNOR
149-Received by the Office of the Governor this ____________________
150-day of ___________________, 20_______, at _______ o'clock _______ M.
151-By: _________________________________
152-Approved by the Governor of the State of Oklahoma this _________
153-day of ___________________, 20_______, at _______ o'clock _______ M.
154-
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156- _________________________________
157- Governor of the State of Oklahoma
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159-OFFICE OF THE SECRETARY OF STATE
160-Received by the Office of the Secretary of State this __________
161-day of ___________________, 20_______, at _______ o'clock _______ M.
162-By: _________________________________
261+COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
262+April 13, 2023 - DO PASS