59-2-1355 - Trial -- Findings -- Decree.
59-2-1355. Trial -- Findings -- Decree.
The action shall be tried and determined as actions to foreclose mortgage liens, and thecourt shall determine and adjudge the amount of taxes, interest, penalties, and costs on eachparcel of property which has been separately assessed, and shall enter its decree determining therights, and priorities of liens, of all parties to the action. The court shall also in its decree directthe sheriff to advertise and sell, as in the case of sales on execution, each parcel of property, or somuch as may be necessary for the payment of the total amount of the general taxes due, withinterest, penalties, and costs, unless the amount is paid within a time named in the decree, but notto exceed 30 days from the entry of the decree. The decree shall provide that any of the parties tothe action may become purchasers at any sale, that if less than an entire parcel of property is sold,it shall be sold at foreclosure sale in such a manner as not to convey to the purchaser a strip ofproperty around the entire perimeter of the parcel, or a strip of the parcel which, if conveyed,would prevent access to the remainder of the parcel by the redemptive owner or otherwiseunreasonably diminish the value of that remainder, as determined by the county executive. Thedecree shall also provide that if all delinquent taxes, together with interest, levied on the parcel ofproperty, and all penalties and costs, are paid within the time fixed in the decree for payment,then no sale may be made. After the time for redemption has expired, if no redemption has beenmade, the sheriff shall execute and deliver to the purchaser a deed conveying to the purchaser allthe right, title, and interest of each and all the parties, but subject to the lien of any general orspecial taxes which may have been levied on the property conveyed, other than those for thepayment of which the sale has been made.
Amended by Chapter 227, 1993 General Session