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Chapter 6. Sale Of Land For Delinquent Assessments of California Water Code >> Division 5. >> Part 4. >> Chapter 6.
At the time and place stated in the notice of sale, or such
other time to which the sale is postponed, the county treasurer shall
sell each parcel of land described in the notice to the highest
bidder for lawful money of the United States unless prior thereto he
has received payment in full of the delinquent installment, interest,
penalty and cost of publication.
If not completed on the first day the sale may be continued
from day to day and over Sundays and legal holidays until completed.
No license shall be required of the county treasurer for
conducting the sale.
No bid for any parcel shall be accepted which is less than
the aggregate sum then due for the installment thereon, together with
accrued interest, penalty and cost of publication.
If no bid is made for any parcel at the delinquent sale which
is equal to the total amount when due on the parcel, the county
treasurer shall bid in and sell the parcel to the drainage district
for the amount of the delinquent installment or installments,
together with accrued interest, penalty and cost of publication.
The county treasurer shall execute to each purchaser at the
delinquent sale, including the drainage district, a certificate of
sale which shall be recorded by the purchaser in the county recorder'
s office of the county in which the land is situated.
Out of the proceeds of the sales the county treasurer shall
transmit to the State Treasurer the total amount then due on the
property so sold as shown in the notice, and shall pay to the owner
of the property any surplus remaining after the payment to the State
Treasurer.
The county treasurer shall, when directed by the board,
postpone the delinquent sale from time to time for not less than 10
nor more than 30 days by a written notice posted at or near the place
of sale.
The notice of postponement shall be substantially as follows:
The sale of property for delinquent assessment under (name and
number of assessment) of the Sacramento and San Joaquin Drainage
District, which was fixed for (time and place of sale) has been
postponed to (time to which postponed) at the same place.
Any person interested in any tract of land sold at the
delinquent sale may redeem the tract at any time within one year
after the date of sale by paying to the county treasurer for the
purchaser a sum equal to the purchase price stated in the certificate
of sale with interest thereon at the rate of 12 per cent per annum
from the date of sale to the date of the redemption, together with
the amount remaining due and unpaid of any installment upon any
assessment on the land under the provisions of this part, with the
penalty prescribed for delinquencies.
If no redemption is made within one year the board, upon
demand and the surrender of the certificate of purchase and the
delivery of a certificate of the county treasurer that no redemption
has been made within the year from date of sale, shall execute to the
purchaser, his heirs or assigns, a deed of conveyance of the parcel
of land described in the certificate.
The deed conveys to the grantee the land free and clear of
all encumbrances except State, county and municipal taxes,
assessments levied or assessed by statutory authority and the unpaid
balance of any assessment made by the drainage district.
The unpaid balance of any assessment made by the drainage
district, shall be called in and collected in the same manner as
other assessments, except that no parcel sold and conveyed to the
drainage district shall thereafter, until redeemed or until sold and
disposed of by the board, be subject to sale by the treasurer for
subsequent installments of any assessment made pursuant to the
provisions of this part.
Each deed by the board purporting to be executed under this
chapter shall be prima facie evidence of the truth of the matters
therein recited and of ownership by the grantee of the lands therein
described.
All deeds required by this chapter to be executed by the
board may be executed by the president and secretary thereof on
behalf of the board.
Any parcel of land bid in and purchased by the drainage
district at the delinquent sale shall be held in trust for the
assessment under which the parcel of land was sold.
The parcels of land specified in Section 8885 may be sold and
conveyed by the board at any time after the expiration of the
redemption period of one year at public or private sale and with or
without notice, to any person paying not less than the amount for
which the parcel was bid in by the county treasurer at the delinquent
sale for the drainage district, with interest thereon at the rate of
12 percent per annum compounded yearly from the date of the
delinquent sale, and also the amount of all subsequent installments
or other assessments then delinquent, with accrued interest and
penalties thereon.
Payment for the land purchased pursuant to the provisions of
this chapter shall be made in lawful money of the United States.
The board, when any land has been sold pursuant to the
provisions of this chapter shall execute a deed to the purchaser at
the sale conveying the property, free of all encumbrances except
State, county and other municipal taxes, assessments levied or
assessed by statutory authority and the unpaid balance of all
assessments of the drainage district, which balance shall be called
in and collected in the same manner as other assessments.
When any lands purchased at the delinquent sale by the
drainage district remain unsold then the board shall sell all such
lands so held by the drainage district at public auction to the
highest bidder for cash, upon two weeks published notice
substantially in the manner provided for notice upon delinquent
sales, and shall execute to the purchaser a conveyance, which deed
shall convey title to the land as prescribed in this chapter.
The proceeds of the sale shall be deposited with the State
Treasurer to the credit of the assessment under which the property
became delinquent.
