Title 48, Chapter 5, Section 359
( 48-5-359)
(a) The time, place, and manner of the sale of real and personal
property for taxes due municipalities shall be the same as that
provided by law for sheriffs' sales for state and county taxes. A
sale for taxes due may be conducted by the marshal or duly
authorized officer of the municipality and may be held in the
council chamber or the usual place of meeting of the governing
authority of the municipality. (b) If, during any sale of property by a municipality for taxes due
and after the property has been offered a reasonable time, no one
present at the sale bids an amount for the property being sold which
is as much as the total of the tax due plus the officer's cost due
on the sale, then any duly appointed officer or agent of the
municipality may purchase the property for the municipality. If the
municipality purchases property at a sale, the marshal or other
officer conducting the sale shall make to the municipality a deed to
the property sold and shall deliver the deed to the officer
designated by the municipality to receive it. Title acquired by a
municipality at a tax sale by a deed issued pursuant to the sale
shall be as perfect, valid, and binding, after the period provided
for redemption by the owner has elapsed and there is no redemption
by the owner, as if purchased by any person other than the
municipality. The marshal or other duly authorized officer
conducting the sale shall put the municipality, through any officer
or person the municipality designates, in possession of the property
so sold. (c) Property acquired by a municipality pursuant to subsection (b)
of this Code section may be divested or alienated by the
municipality only by public sale of the property to the highest
bidder. However, when it is clearly shown to the municipal governing
authority that returned or unreturned property has been sold and
purchased by the governing authority to protect both the taxes of
the municipality and the cost of collecting such taxes and that the
governing authority has not parted with title to the property, the
governing authority may quitclaim the property by unanimous vote to
the owner of the property at the time of purchase by the governing
authority or to the owner's administrators, executors, heirs, or
assigns upon payment of all taxes which are due on the property and
all costs due by reason of the sale. (d) Each municipality may pass appropriate ordinances and bylaws to
carry into effect this Code section. (e) The recitals in a deed under a sale for municipal taxes shall be
prima-facie evidence of the facts recited in the deed. (f) The marshal of a municipality and other officers of the
municipality whose duty it is to collect the taxes and other
revenues of the municipality by levy and sale shall be subject to be
ruled for money in the hands of the officer arising from the public
sale of any property pursuant to process issued by the municipality.
Action pursuant to this Code section may be taken either in the
superior court, city court, or state court in the county where the
municipality is located and shall be accomplished in the same manner
as sheriffs and constables are ruled for the distribution of money
coming into their hands from the sale of any property.
(g) When an execution is placed in the hands of the marshal or other
selling officer of any municipality with written notice to retain
the proceeds arising from the sale of any property of the defendant
in fi. fa., the marshal or other selling officer, after first paying
to the municipality the amount due on the process under which the
sale was made, shall retain the balance of the funds in his hands
until he is ordered by the court first acquiring jurisdiction under
proper proceedings to pay out the funds. |