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Opinion

August 1, 2013

PUBLIC FORUM: Letters from Thursday, Aug. 1, 2013

Landowners should fightsale of their properties

In the battle with regional sewer districts across Indiana, it is important to note that upcoming tax sales in various courthouses across this state most likely have listed properties that are up for sale for sewer liens only!

Legislation has passed and the law now states that your property can not be sold at tax sale IF your property taxes are paid and the only lien on your taxes is a sewer lien!

Since the state tax department’s computers are not updated to block the addition of your property on the tax sale list, the responsibility is squarely on your shoulders “

If a property is listed on tax sale, the citizens with no taxes due and have only a sewer lien on their property must petition the Circuit Court to stop the sale.” You must act to protect your property! (See portion of code below)

See IC 13-26-14-5:

Liens for unpaid rates, fees, or charges

Sec. 4. Rates, fees, or charges made, assessed, or established by the district are a lien, in the same manner established under IC 36-9-23 for municipal sewage works, on a lot, parcel of land, or building that is connected with or uses the works of the district. Liens under this chapter:

(1) attach;

(2) are recorded;

(3) are subject to the same penalties, interest, and reasonable attorney’s fees on recovery; and

(4) shall be collected and enforced;

in substantially the same manner as provided in IC 36-9-23-31 through IC 36-9-23-34. A lien under this chapter that is the only lien on a property may not be foreclosed.

As added by P.L.131-2005, SEC.4. Amended by P.L.71-2011, SEC.3; P.L.97-2012, SEC.15.

I urge you to be certain that the sewer lien is the only lien on your property, that no taxes are due on your property and that you petition your Circuit Court to remove your property from the tax sale listing.

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