Tax sale; Planned for February

Thursday, October 6, 2011

Those owing real property tax dating back to 2006 and 2007 will be at risk of losing their property as Bourbon County will be holding a delinquent tax sale in February.

Bourbon County Commission Chairman J.W. "Jingles" Endicott said the decision to have a tax sale has been made and the earliest it can be held is February. The commission has already approved an agreement with Othick Abstract Company to help with the sale, as well as local attorney Dan Meara as the county counselor for the tax sale process.

In the light of the allegations that recently arose regarding questionable practices in the Bourbon County Treasurer's office in dealing with delinquent taxes, Endicott said the upcoming tax sale is something they will be looking at closely. He added he does not agree with putting off a tax sale because of the small number of properties to be sold.

"I feel that it is something that has to get done," Endicott said. "My opinion is that it needs to be done every year ... It doesn't make any difference if we only have 10 parcels; it's not fair that those people can go without paying their taxes and the others do (pay their taxes)."

Kansas law states that a property owner has three years to get back taxes paid before the property goes up for sale. Businesses have two years. Endicott said he believes there are about 150 properties on the current list with no businesses, however, the list will be reduced due to "legal technicalities."

"I'm hoping that we end up with 60 or 70 anyway," he said.

According to the Bourbon County Commission minutes from the Sept. 26 meeting, Meara said there are three possible outcomes when tracking down the property owners. The first, and most common, is that the property owner is contacted, they do not contest the sale of the property and it can be sold without any problem.

The second possibility is if the owner contests the sale for reasons such as inadequate notice, foreclosure proceedings in process, or a family issue over an estate. The third possible result is being unable to contact the property owner. However, this can be taken care of through publications.

Othick Abstract Company is expected to finish their work on the sale toward the end of October. Meara said he will have the documentation needed to notify property owners by Dec. 1.

Having a tax sale usually gives property owners enough motivation to pay -- to avoid losing their property -- resulting in a jump in county revenue, Meara said. He said the most important thing that comes out of a tax sale is getting the property back on the tax rolls and generating revenue.

"The good thing is getting the property back on the tax rolls with somebody who will hopefully pay the taxes," he said.