HB1535113th GA (Historical)Introduced

Amends TCA Title 29, Chapter 20 and Title 67, Chapter 5.

Under present law, whenever Hardeman County acquires property at a tax sale, any non-governmental entity holding a vested and duly recorded contractual right to the payment of fees or assessments secured by such property retains such right; provided, that the non-governmental entity may only enforce such contractual rights against the county through the exercise of its lien rights against the property. Present law further provides that Hardeman County will be liable for the payment of such fees and assessments if the county makes actual use of the property purchased at the tax sale.<br /> <br /> This bill makes the present law provisions described above applicable to Coffee County.<br /> <br /> ON MARCH 18, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1535, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to, instead, revise the present law that provides that whenever a county acquires property at a tax sale, a nongovernmental entity holding a vested and duly recorded contractual right to the payment of fees or assessments secured by such property retains such right. Under present law, the nongovernmental entity may only enforce such contractual rights against the county through the exercise of its lien rights against the property. However, a county is liable for the payment of the fees and assessments described in the above provisions if the county makes actual use of the property purchased at the tax sale.<br /> <br /> Present law provides that the above provisions only apply to Hardeman County and Cumberland County. This amendment adds to the present law by requiring the above provisions to also apply to Coffee County.<br />

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Overview

Under present law, whenever Hardeman County acquires property at a tax sale, any non-governmental entity holding a vested and duly recorded contractual right to the payment of fees or assessments secured by such property retains such right; provided, that the non-governmental entity may only enforce such contractual rights against the county through the exercise of its lien rights against the property. Present law further provides that Hardeman County will be liable for the payment of such fees and assessments if the county makes actual use of the property purchased at the tax sale.<br /> <br /> This bill makes the present law provisions described above applicable to Coffee County.<br /> <br /> ON MARCH 18, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1535, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to, instead, revise the present law that provides that whenever a county acquires property at a tax sale, a nongovernmental entity holding a vested and duly recorded contractual right to the payment of fees or assessments secured by such property retains such right. Under present law, the nongovernmental entity may only enforce such contractual rights against the county through the exercise of its lien rights against the property. However, a county is liable for the payment of the fees and assessments described in the above provisions if the county makes actual use of the property purchased at the tax sale.<br /> <br /> Present law provides that the above provisions only apply to Hardeman County and Cumberland County. This amendment adds to the present law by requiring the above provisions to also apply to Coffee County.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

February 6, 2023

Subjects
471510950880

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HB1535: Amends TCA Title 29, Chapter 20 and Title 67, Chapter 5. | LegisGo