67-5-2505 - Sale of land State as purchaser.
67-5-2505. Sale of land State as purchaser.
(a) In the event the state should become the purchaser of such property on the bid of the clerk, the cost and the five percent (5%) attorney's fees and the county and municipal taxes shall not become a charge against the state, unless and until items have been collected by the state, or the property redeemed by the owner.
(b) (1) All clerks of the several courts in the state holding land sales under the authority of §§ 67-5-2405, 67-5-2406 and 67-5-2414, whereunder real property is sold for delinquent taxes to the state, shall report such sales to the commissioner of finance and administration at Nashville within ten (10) days from the date of the entry of the decree or order confirming the sale, by transmitting to such official a certified copy of the court's decree or order, as well as the name of the former owner and a description of the property.
(2) The clerk shall be paid for this service by the commissioner the regular fee allowed for furnishing certified copies of orders or decrees.
(3) Where more than one (1) piece of property is sold, and the same is included or embodied in one (1) decree or order, then it shall only be necessary to transmit one (1) certified copy of the decree or order.
(4) In the event any of the property is redeemed by the former owner or owners, it shall be the duty of the clerks to report the redemption to the commissioner within ten (10) days after the property has been redeemed.
(5) Such clerks shall report to the commissioner, as herein provided, on all property that they or their predecessors in office have sold under the authority of §§ 67-5-2405, 67-5-2406 and 67-5-2414, and that has not been redeemed by the former owner or owners.
(6) The commissioner shall record in a well-bound book, in permanent form, the information received by the commissioner under the provisions of this subsection (b) and preserve the records as other public records in the commissioner's office.
(c) Whenever any land lying in the state shall be sold to the state, the state treasurer, or any officer or agency of the state, for nonpayment of delinquent taxes due the state, or any county, municipal corporation, quasi-municipal corporation, or political subdivision thereof, the commissioner of revenue may take possession thereof in the name of the state, collect rents, and otherwise manage the property in such manner as the commissioner may deem to the best interest of the state.
(d) After the time for redemption fixed by law has expired, and the title, or any interest therein, under the law, or by decree of any court having jurisdiction of any delinquent tax proceeding, has become vested in the state of Tennessee, or any other officer thereof as trustee for the state and/or any of the political subdivisions, the commissioner of revenue shall take possession of such lands, and shall appoint local agents to manage the lands and collect the rents thereof, and to that end shall have the right and power to rent, let or demise the lands on such terms as the commissioner may deem best; provided, that no letting for any term, other than a tenancy at will, to be terminable at the will of the commissioner, shall be made without the consent of the governor and attorney general and reporter.
(e) (1) The commissioner of revenue also has the power, with the consent of the governor and attorney general and reporter, to compromise the delinquent taxes, whether state, county, municipal or special, with the owner of the land and those having rights or titles therein, and also power, subject to the approval of the governor and attorney general and reporter, to sell the lands for cash or on time, and on such terms and for such purchase price as the commissioner may deem to the best advantage of the state.
(2) The approval of the governor and attorney general and reporter endorsed on the face of any muniment of title, contract, lease or compromise agreement executed by the commissioner shall be sufficient and conclusive evidence thereof.
(3) Each tax deed executed by the commissioner of revenue under authority of this section shall be transmitted to the commissioner of finance and administration, who shall record or note the execution of the tax deed on the records of the latter's office.
(f) All sums received from compromises, rents or sales shall be prorated among the state, counties, municipal corporations, and political subdivisions to which taxes are due; and persons entitled to commissions, fees and costs, in the manner provided by law.
[Acts 1923, ch. 77, § 8; 1929, ch. 136, § 1; Shan. Supp. 913b17; mod. Code 1932, §§ 1592, 1605-1608; impl. am. Acts 1935, ch. 114, § 1; Acts 1947, ch. 255, § 5; C. Supp. 1950, §§ 1591.1, 1607 (Williams, §§ 1601.1, 1607, 1613.16-1613.20); impl. am. Acts 1959, ch. 9, §§ 3, 14; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), §§ 67-2027 67-2032.]