The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-07-29
OPINION GIVEN
AS TO REALTY
Question Relates to Purchases
by County at a Delin-
quent Sale.
ATTORNEY GENERAL TO
WEBER COMMISSIONERS
After Time for Redemption Ex-
pires County Can Hold
the Property.

In response to an inquiry from Joseph
Stanford of Ogden, chairman of the
Board Of County Commissioners of We
Der country us to the rights of owners
of real estate TO redeem the same after
st has been sold for delinquent taxes
and decided to the county, Attorney
General NJ. A Breeder has given the
following opinion:
Replying TO your favor Of tho 27th Inst,
relating TO ;hc right OF tho owner OF real
estate which hos boon sold for dehnQuent
taxes and decided 70 the county. l beg TO sdr
viso you that after tho delinquent property
has been sold 20 the county and tho redemP-
tion period has elapsed and the county has
received decd therefor, nnd under the pre-
visions OF chaptor 76, session laws OF lyoo'
tho Board Of County Commissioners has dur
Ing the month OF May again offered tho same
FOR salo at public auction, after due, notice
and thero being no purchaser at said sale,
then, and in that event, said property be.
comes tho property Of the connty and must
be treated md Gisposcd OF In like manner, as
other county property.
Law Again Quoted.
Subdivision s5 of section 511. revised stat.
utos, as amended by chapter l22 seshion
laws of 1903, reads IS followa: Referring
20 tho powers Of County Comm!ssi ionors To
sell ut public auction at tho courthouse door,
nitor thirty days previous notice given by
publication in newspaper pubnshed In mo
county. or, Ii no paper IS published IN the
county, by posting in hvo pubic pioces IN
rhe county, and conveying to tho highest
bidder for cash, any property belonging TO
the county not required for public use. paying
tho proceeds into the county treasury for the
use OF the county.
You arc advised that no one but the orig"
inGl owner, or some one Interested In tho
property, has right 20 redeem IL. md when
such original owner, or ono iuterested IN tho
property, fails 10 redeem within the statutory
period and the property is offorod for sale
under tho act Of 1905. md falls 20 the county
for tho reason that there no bidders. IL
then becomes the property OF the county oh
solutoly, and the right of the owner TO ro-
deem is forfeited and cut of, bat, ncverthe-
lcss, IL in not tho policy of she law 10 con-
Gscate deprive person of his property
without full compensation
Can Use Discretion.
Therefore, In my opinion, the County Com
uiissioners, in their discretion, would bc war
rsnted in permitting the original owner: OF
ono having n redeemablo Interest therein. TO
redeem even after tho property has gene 10
deed 10 the county. This, however, would
bo IN exercise OF n generous policy by the
county hoard snd not mandatory obligation
resting upon it. You further advised
that, IN my opinion. all property belonging
10 the county, being purchased under delin.
ouent tax sales or otherwise, must be offered
and sold Mt public auction, according 10 law.
as above quoted, and can not be legally sold
in any other manner.
Eat your lunch In the palm garden at
the ROYAL