Title 48, Chapter 5, Section 26
( 48-5-26)
The owner of any real property located in this state, and the
transferee of every owner who acquires title to real property within
this state between the date on which the tax lien on the property
vests and the date on which the tax evidenced by the tax lien shall
become due and payable, shall have the right to pay the taxes
assessed against any one or more lots, tracts, or parcels of the
real property: (1) by paying the amount of tax assessed against such
lot, tract, or parcel if the property was separately returned by the
owner or, in the case of a transfer, by the transferor of the
property; or (2) if the property was not separately returned, by
paying that percentage of the total tax assessed which the value of
the property sought to be released bears to the value of all the
property returned by the owner of such property as of the date on
which the tax lien vested. The officials charged with the collection
of taxes for this state or any subdivision of this state including,
but not limited to, municipalities and counties, and any transferee
of a tax lien shall accept payment of the taxes assessed against one
or more lots, tracts, or parcels of real property upon tender by the
owner of such property, including any transferee of the real
property who has obtained title to the property between the time
when the lien vested and the time on which the taxes are payable,
and shall execute a release as to the property without regard to
whether or not the taxes assessed against any other property, real
or personal, of the owner, the transferee of the real property, or
the transferor of the owner have been paid. The official or
transferee of the tax lien accepting the payment and releasing the
property shall be paid a fee of $2.00 for issuing the receipt and
release. No such official or transferee of the tax lien shall be
required to release any one or more tracts of real property after a
fi. fa. has been recorded on the general execution docket in the
county where the property is located without first receiving the
entire amount of past due taxes as reflected in the fi. fa. No such
official or transferee shall be required to release the last or only
remaining lot, parcel, or tract of real property until all personal
property taxes owed by the owner have been paid. |