The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-09-06
The redemption OF Forfeited
Lands. ~.
I'm IMPORTANT OPINION.

The following communication has
been addressed by Comptroller G eneral
Hoge to S. J. Lee, Esq, regarding the
redemption of forfeited lands. The
Aiken Tribune says Mr.. Lee differs
with the comptroller regarding the
construction of the law aud will, at an
: early day, test the matter in the courts: +:
$3.50 aE4EcuFIvE DEPARTMENT., -
~ t0ssicsiorlC CoNrrRoLIEn- GENERAL, I
sfCoLUMBIA, S. O., August %, 1873.
"Hoa- s. j, Lee, Counsellor at Lag,
gss;e, Aifea, 8. c. re. -.
eDEAR. SIR; / have the honor to
Il sotsive yours Of the goth instant, IN
which you inquire 'if lands bought by
IN che State for went of bidders ata
delinquent land sale can be redeemed
aesEithinb ninety days, by the original
owneE,'ete. .4l .s.o,-as.s.- n
as GtisI have the honor to reply that the
80 act fof the General Assembly providing
no1ter the. assessment aud taxation of pro-
ID Perty.'1 (section 1O8) approved Septem-
II Der is, 1868, provides that if the lands
advertised at delinquent land sale of
real estate. not in cities, towns and
villages cannot be sold for at least one
fourth of its assessed value, that tho
=, county auditor shall purchase sufficient
r.. thereof at that rate for the State, to
- satisfy the tax, costs and penalties there.
adl on; but this portion of the said section
sassloS, was repealed by the act of March
Ia, 1872, and now there is no law on
,sonr statute books that gives the county
ns auditor or any other officer any authori-
g5 " to purchase nr any real or personal
o,ga estate, for the State on account of any
"a sax; hence lands cannot be 'bought by
~ the State for the want of bidders
9The tnly mode the State has, or cal,
=. q get any title to land offered at deliuqn-
90 ent land sale, is in the manner prescrib-
ed in the. revised statutes, title 3, chap:
ys,,, ter l3,, section "a, viz, by forfeiture,
: ,sis such lands not being sold for the want
fof bidders, e
5ssszs ahe same section (s4o emphaticnlly
Sc, declares that the county auditor shall
designate such lands as are mot sold for
r. the want, oflbidders' as forfeited and
sas. that the right, title and interest of the
former. owner therein shall be vested in
I'D and transferred to the State of South
y, Carolina, while section 35 (following)
declares. how the county treasurer shall
-. hare credit for the forfeited list in
discharge of his indebtedness Ifyou
r.ss will note carefully sections 36 to 46,
inclusive, / think you viii decide with
me that these eleven sections provide
only for the redemption of lands sold
=, ct delinquent sale and not to those mot
sold for want of. bidders otherwise
forfeited know of no law in the
State which refers to lands forfeited to
- the State for taxes of 1872 save that
/ above noted, and when refer to the
joint resolutions Of the General Assemb-
". session. of 1s72-73, 1 there fiud that
ssg twelve (12) of these thirty (3O) resolu
"a ! tions expressly relate to the redemption
M ofsforfeited lands by the former owner
and made forfeited in previous years
by section 81 above quoted. The action
. Of the General Assembly by its joint
resolutions confirms my opinion 'as to
the previous acts, and can only decide
that all lands offered for sale at; any
IA delinquent land sale and mot sold for
want o. bidders are forfeited to the
g State and must be so held until sold by
3 AN act Or redeemed by joint rcsolu-
* ,tion." az, 4,
,ssls I tsys the honor to remain, respect
-. fully, yours, eto,
o. y. eftAs ~ S. L. HoGE.
stres.,..4 r. - COmptroller- General