37150-37164
WATER CODE
SECTION 37150-37164
37150. Property sold to the district for delinquent assessments may
be redeemed by the redemptioner within three years from the date of
sale, or thereafter before a collector's deed of the property has
been delivered, by payment in lawful money of the United States to
the collector the sum of the following:
(a) The amount for which the property was sold, together with
interest thereon at the rate of 9 percent per year from the date of
sale, but not less than three-fourths of 1 percent for any portion of
a month.
(b) The amount of assessments against the property, with the
delinquent penalties thereon, assessed subsequent to sale, together
with interest on such assessments as are delinquent and the penalties
thereon at the rate of 9 percent per year from the date of
delinquency, but not less than three-fourths of 1 percent for any
portion of a month.
(c) The amount of the recorder's fees in recording the certificate
of sale and the certificate of redemption.
(d) The costs of publication of notice as required by Section
36951.
As used in this section, the "redemptioner" is the person whose
estate has been sold, or his successor in interest.
37151. On receipt of the redemption money plus the amount of the
recorder's fee the collector shall make out duplicate certificates of
redemption reciting the payment and stating the date of recordation
of the certificate of sale to which the redemption applies and the
book and page where the same is recorded or the recorder's document
number.
37152. One of the duplicate certificates of redemption shall be
given to the redemptioner.
37153. The collector shall record the other duplicate certificate
of redemption with the county recorder in whose office the
certificate of sale is on record.
37155. If the property sold for delinquent assessments has not been
redeemed and three years have elapsed from the date of its sale to
the district, the collector, upon demand made by resolution of the
board and after giving the notice required by Section 37155.1, shall
deliver a collector's deed to the property to the district. The right
of redemption shall terminate upon recording of the collector's deed
to the property by the district.
37155.1. After receiving a demand for a collector's deed pursuant
to Section 37155, and not less than 45 days nor more than 60 days
before delivery of a collector's deed pursuant to that demand, the
collector shall publish in the manner prescribed in Section 6063 of
the Government Code a notice which shall contain all of the
following:
(a) The date of the notice.
(b) A statement that as of a stated date, three years or more will
have elapsed since the property or properties described in the
notice were sold to the district pursuant to Chapter 4 (commencing
with Section 36950).
(c) A statement that on the stated date, the board, by resolution,
demanded delivery of a collector's deed to the property to the
district.
(d) A statement that unless sooner redeemed, or, if the district
has provided for installment redemption, an installment plan of
redemption is initiated, a collector's deed to the property will be
delivered to the district.
(e) The date and time at which the collector's deed will be
executed and delivered.
(f) A statement that if the collector's deed is executed and
delivered the right of redemption will terminate.
(g) The name, address, and telephone number of the official who
will furnish all information concerning redemption.
(h) The fiscal year or years for which the delinquent assessments
were levied.
(i) A description of the property.
(j) The amount required to redeem, which shall include the amounts
specified in Section 37155.3.
(k) The name of the assessee on the current assessment book of the
district.
(l) The street address of the property, if available.
37155.2. After the first publication of the notice required by
Section 37155.1, and not less than 45 days, nor more than 60 days,
before the date specified in that notice for the delivery of a
collector's deed, the collector shall send by certified mail to each
of the parties of interest, as specified in this section, at his or
her last known address a copy of the notice published pursuant to
Section 37155.1. The collector shall make a reasonable effort to
ascertain the names and addresses of each of the parties of interest,
including, but not limited to, the securing of a lot book guarantee
from a title insurer authorized to conduct business as such in this
state with respect to the delinquent property, dated as of the date
of the board's demand resolution; an examination of the county's
assessments of the delinquent property on the rolls beginning with
the year of delinquency to and including that of the last equalized
roll; an examination of the most recent telephone books in the county
in which the delinquent property is located; and an examination of
the telephone books covering the area of the last known address of
each party of interest.
For the purposes of this section, a "party of interest" is the
holder of any interest in the delinquent property which would be
terminated by execution and delivery of a collector's deed.
37155.3. Upon first publication of the notice required by Section
37155.1, there shall be added to the amount to redeem as provided in
Section 37150 the sum of the following:
(a) The cost of publication of the notice required by Section
37155.1.
(b) The cost of securing the lot book guarantee required by
Section 37155.2.
37156. A collector's deed shall contain the date of sale and his
statement that no person redeemed the property during the time
allowed for its redemption; and may be in substantially the following
form, the blanks being filled to show the facts in each case:
Collector's Deed
______ Water District
On the ____ day of _____, 19__, the collector of _____ Water
District sold to _____ Water District, for a delinquent assessment,
real property situated within the district, and in the County of
_____, State of California, described as follows:
(insert description)
No person has redeemed the property from the sale; the time for
redemption has elapsed; and the purchaser has demanded a deed to the
property.
Wherefore, I, the collector of _____ Water District grant to _____
Water District all of the real property aforesaid.
WITNESS MY HAND and the seal of the district this ____ day of ____
19__.
(DISTRICT SEAL) ___________________________
Collector of ___________
______________
Water District
37157. A collector's deed to a district shall be recorded in the
usual manner of recording conveyances of real property.
37158. The collector's deed conveys to the district title to the
property described therein free of all encumbrances, except liens for
taxes and assessments levied for state, county, municipal or other
district purposes, unless the property is owned by the United States
or this State in which case it is prima facie evidence of the right
of possession. The title acquired by the district may be sold at
public auction or private sale and conveyed by deed executed and
acknowledged by the president and secretary. Authority to convey
shall be conferred by resolution of the board entered on its minutes
fixing the sales price in the best interest of the district. The
district may also lease or otherwise deal with the property as is in
the best interest of the district.
37159. A collector's deed when acknowledged or proved is prima
facie evidence that:
(a) The land was assessed as required by law.
(b) The land was equalized as required by law.
(c) The assessments were levied in accordance with law.
(d) The assessments were not paid.
(e) At a proper time and place the property was sold as prescribed
by law.
(f) The property was not redeemed.
(g) The person who executed the deed was the proper officer.
37160. Except as against actual fraud a collector's deed
acknowledged or proved is conclusive evidence of the regularity of
all of the proceedings from the assessment by the assessor,
inclusive, up to the execution of the deed.
37161. An action, proceeding, defense, answer, or cross-complaint
based on the alleged invalidity or irregularity of any collector's
deed executed to the district or based on the alleged ineffectiveness
of the deed to convey the absolute title to the property described
in it may be commenced or interposed only within one year after the
recordation of the deed.
37162. An action, proceeding, defense, answer, or cross-complaint
based on the alleged invalidity or irregularity of any agreement of
sale, deed, lease, or option executed by a district in connection
with property deeded to it by its collector or based on the alleged
ineffectiveness of the instrument to convey or affect the title to
the property described in it may be commenced or interposed only
within one year after the execution by the district of the
instrument.
37163. The provisions of Sections 37161 and 37162 do not apply in
the following cases:
(a) Where the assessments for which the property was sold were
paid before the sale.
(b) Where the property was redeemed after the sale.
(c) Where the land was not subject to assessment at the time it
was assessed.
(d) Where no assessments were due on the land at the time of sale.
(e) Where fraud is established.
(f) Where the deed is void on its face.
(g) Where the owner of the land was at the time of the sale a
minor or insane person, in which case the earliest time that the
statute of limitations begins to run is when the disability is
removed.
37164. The burden of proof shall be upon the party urging the
invalidity, irregularity, or ineffectiveness of an agreement, deed,
lease, or option described in Sections 37161 and 37162 or of any
assessments, sales, or assessment deeds of which he complains to show
the invalidity, irregularity, or ineffectiveness, and he shall be
required to plead specifically the grounds upon which he urges the
invalidity, irregularity, or ineffectiveness.