1     
LOCAL TAX SALES AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Ronald M. Winterton

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the requirements for holding a tax sale of real property.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides the circumstances under which a county auditor may conduct a tax sale of
13     real property electronically;
14          ▸     updates the location information for the tax sale in the notice requirement; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          59-2-1351, as last amended by Laws of Utah 2018, Chapter 197
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 59-2-1351 is amended to read:
26          59-2-1351. Sales by county -- Notice of tax sale -- Entries on record.
27          (1) (a) Upon receiving the tax sale listing from the county treasurer, the county auditor

28     shall select a date for the tax sale for all real property:
29          (i) on which a tax or tax notice charge delinquency exists;
30          (ii) that was not previously redeemed; and
31          (iii) upon which the period of redemption is expiring in the nearest tax sale.
32          (b) The county auditor shall conduct the tax sale [shall be conducted] in May or June of
33     the current year.
34          (c) The tax sale may occur:
35          (i) at the front door of the county courthouse in the county where the real property is
36     located; or
37          (ii) through an electronic process if:
38          (A) the tax sale occurs in the same format as a tax sale would occur at the front door of
39     the county courthouse except that participation is through an electronic means;
40          (B) members of the public are able to observe and participate, including making bids
41     and payment arrangements, in the tax sale; and
42          (C) the county auditor includes information about how the public may access the tax
43     sale through the electronic process with the description of the place of the tax sale in the notice
44     provided in accordance with Subsections (2) and (3).
45          (2) [Notice] The county auditor shall provide notice of the tax sale [shall be provided]
46     as follows:
47          (a) [sent] send by certified and first class mail to the last-known recorded owner, the
48     occupant of any improved property, and all other interests of record, as of the preceding March
49     15, at [their] the last-known [address] addresses; and
50          (b) [published] publish:
51          (i) four times in a newspaper published and having general circulation in the county,
52     once in each of four successive weeks immediately preceding the date of sale; and
53          (ii) in accordance with Section 45-1-101 for four weeks immediately preceding the
54     date of sale; and
55          (c) if no newspaper is published in the county, [posted] post in five public places in the
56     county, as determined by the auditor, at least 25 but no more than 30 days [prior to] before the
57     date of sale.
58          (3) The notice shall be in substantially the following form:

59     
NOTICE OF TAX SALE

60          Notice is hereby given that on __________(month\day\year), at __ o'clock __. m., at
61     [the front door of the county courthouse in ____ County, Utah] [the physical or electronic
62     address of the tax sale], I will offer for sale at public auction and sell to the highest bidder for
63     cash, under the provisions of Section 59-2-1351.1, the following described real property
64     located in the county and now delinquent and subject to tax sale. A bid for less than the total
65     amount of taxes, tax notice charges, interest, penalty, and administrative costs which are a
66     charge upon the real estate will not be accepted.
67     
(Here describe the real estate)

68          IN WITNESS WHEREOF I have hereunto set my hand and official seal on
69     __________(month\day\year).
70     
_______________

71     
County Auditor

72     
_______________

73     
County

74          (4) (a) The notice sent by certified mail in accordance with Subsection (2)(a) shall
75     include:
76          (i) the name and last-known address of the last-known recorded owner of the property
77     to be sold;
78          (ii) the parcel, serial, or account number of the delinquent property; and
79          (iii) the legal description of the delinquent property.
80          (b) The notice published in a newspaper in accordance with Subsection (2)(b) shall
81     include:
82          (i) the name and last-known address of the last-known recorded owner of each parcel
83     of property to be sold; and
84          (ii) the street address or the parcel, serial, or account number of the delinquent parcels.