Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Revenue and Taxation Code

Property Taxation

Part 8. Distribution

CHAPTER 1.3. Distribution of Proceeds From Sale of Tax-Deeded Property

Section 4676

4676. Notice of right to claim excess proceeds. (a) When excess proceeds from the sale of tax-defaulted property exceed one hundred fifty dollars ($150), the county shall provide notice of the right to claim the excess proceeds, as provided in this section.

(b) No later than 90 days after the sale of the property, the county shall mail written notice of the right to claim excess proceeds to the last known mailing address of parties of interest, as defined in Section 4675. The county shall make a reasonable effort to obtain the name and last known mailing address of parties of interest.

(c) If the last known address of a party of interest cannot be obtained, the county shall publish notice of the right to claim excess proceeds in a newspaper of general circulation in the county. Publication is not required if the cost to publish is equal to or greater than the amount of the excess proceeds. The notice shall be published once a week for three successive weeks and shall commence no later than 90 days after the sale of the property.

(d) The cost of obtaining the name and last known mailing address of parties of interest and of mailing or publishing the notices required under this section shall be deducted from the excess proceeds and shall be distributed to the county general fund.

History.—Added by Stats. 1979, Ch. 615, in effect January 1, 1980. Stats. 1985, Ch. 316, effective January 1, 1986, deleted "by the state" after "sale" and substituted "tax-defaulted" for "tax-deeded" after "of" in the first paragraph, and substituted "the" for "such" after "sale of" in subdivision (a). Stats. 2006, Ch. 538 (SB 1852), in effect January 1, 2007, designated the former first paragraph as new subdivision (a) and substituted "in this section" for "herein" after "proceeds, as provided"; relettered former subdivision (a) as new subdivision (b) and substituted "of" for "or" after "known mailing address" in the second sentence therein; relettered former subdivision (b) as subdivision (c) and substituted "the" for "such" after "the sale of" in the second sentence therein; and designated the former second paragraph as subdivision (d) and substituted "under this section" for "herein" after "the notices required" in the first sentence therein. Amended by Stats. 2011, Ch. 352 (SB 948), in effect January 1, 2012.

Note.—Section 8 of Stats. 1979, Ch. 615, provided no payment by state to local governments because of this act.