SECTIONS 46785-46797 - California Statutes

WATER CODE

SECTION 46785-46797

46785. Any person interested in property sold for nonpayment of
assessments may redeem it at any time within three years after the
date of the sale even though the district may be in process of
dissolution or may have already been dissolved.

46786. The redemptioner shall pay to the county treasurer the
amount for which the property was sold, interest on the sum at the
rate of 9 percent per year from the date of the sale (but not less
than three-fourths of 1 percent for any portion of a month), recorder'
s fees in recording the certificate of sale and certificate of
redemption, and costs of publication required by Section 46730. The
amount shall be credited to the proper fund of the district or paid
to the person holding the certificate of sale to the property sought
to be redeemed.

46788. If no redemption is made within three years from the date of
sale, the purchaser or the district, if the property shall have been
sold to the district, or the assignees or transferees of the
district, shall be entitled to a deed executed by the county
treasurer even though the district may be in the process of
dissolution or may have already been dissolved, after having made
demand upon the county treasurer as required by Section 46788.1 and
after the county treasurer has given the notice required by Section
46788.1. The right of redemption shall terminate upon recording of
the deed to the property.

46788.1. After receiving a demand for a deed pursuant to Section
46788, and not less than 45 days nor more than 60 days before
delivery of a deed pursuant to that demand, the county treasurer
shall publish once a week for two consecutive weeks in each affected
county a notice which shall contain all of the following:
(a) The date of the notice.
(b) A statement that as of a stated date, three years or more will
have elapsed since the property or properties described in the
notice were sold pursuant to this chapter.
(c) A statement that on the stated date, the purchaser demanded
delivery of a deed to the property.
(d) A statement that unless sooner redeemed, a deed to the
property will be delivered to the purchaser.
(e) The date and time at which the deed will be executed and
delivered.
(f) A statement that if the deed is executed and delivered, the
right of redemption will terminate.
(g) The name, address, and telephone number of the official who
will furnish all information concerning redemption.
(h) The fiscal year or years for which the delinquent assessments
were levied.
(i) A description of the property.
(j) The amount required to redeem, which shall include the amount
specified in Section 46788.3.
(k) The name of the assessee on the current assessment book of the
district.

46788.2. After the first publication of the notice required by
Section 46788.1, and not less than 45 days nor more than 60 days
before the date specified in that notice for the delivery of a deed,
the county treasurer, or the district, if it was the purchaser, shall
send by certified mail to each of the parties of interest, as
specified in this section, at his or her last known address, a copy
of the notice published pursuant to Section 46788.1. The county
treasurer, or the district, if it was the purchaser, shall make a
reasonable effort to ascertain the names and addresses of each of the
parties of interest. For the purposes of this section, a "party of
interest" is the holder of any interest in the delinquent property
which would be terminated by execution and delivery of a deed.

46788.3. Upon first publication of the notice required by Section
46788.1, there shall be added to the amount to redeem as provided in
Section 46786 the sum of the following:
(a) The cost of publication of the notice required by Section
46788.1.
(b) The cost of ascertaining the parties of interest, including
the cost of any title reports.

46789. The effect of the deed shall be to convey the property free
and clear of all liens and encumbrances except state, county, and
municipal taxes, assessments or taxes levied or assessed by or under
statutory authority, and any district assessment or portion thereof
remaining unpaid at the date of the sale, each installment of which
may be called and collected as provided in this division.

46790. In any district having no outstanding bonds issued prior to
September 15, 1935, any parcel of land heretofore deeded to the
district by the county treasurer, as provided in this division, the
title to which still remains in the district, and any parcel of land
which is hereafter deeded to the district by the county treasurer
may, without notice, be sold and conveyed by the board at private
sale to the owner of record at the date of the treasurer's deed to
the district or to the owner's successor in interest, upon his paying
to the district the amount for which the same was struck off to the
district with interest thereon at the rate of 7 percent per year from
the date of the delinquent sale, together with any call that has
been made upon any prior or subsequent assessment.

46791. The deed executed by the district shall convey the property
free and clear of all liens and encumbrances, except as provided in
this article for a deed by the county treasurer to the district.

46792. The district may sell property deeded to it for nonpayment
of assessments at any time at a public auction after notice given for
the same period and in the same manner as provided in Article 4 of
this chapter for sale of delinquent assessments. The district shall
have the right to reject any or all bids.

46793. The deed executed by the district shall convey the property
free from all encumbrances except as provided in this article for a
deed by the county treasurer to the district.

46794. The district may also dispose of property acquired by it for
nonpayment of assessments at a private sale, without any notice,
when the district is in the process of dissolution and such sale is
deemed for the best interests of the district. The consideration
received from such sale may be past or present consideration, but
shall not be less than the sum for which the property was sold to the
district with interest at 7 percent per year.

46795. In any case where a district in the process of dissolution
has sold and transferred any of its property at such a private sale
prior to August 14, 1931, for valuable consideration, such sale and
transfer is hereby validated and approved.

46796. Any action or proceeding, based on the alleged invalidity or
irregularity of a deed executed by the county treasurer to the
district or based on the alleged ineffectiveness of the deed to
convey the absolute title to the property described in it, may be
commenced only within 180 days after the recordation of the deed.

46797. An action or proceeding based on the alleged invalidity or
irregularity of any agreement of sale, deed, lease, or option
executed by a district in connection with land deeded to it by the
county treasurer or based on the alleged ineffectiveness of the
instrument to convey or affect the title to the land described in it
may be commenced only within 180 days after the execution of the
instrument by the district.