SECTIONS 51680-51699 - California Statutes

WATER CODE

SECTION 51680-51699

51680. After one year from the expiration of the period of
redemption of any parcel sold to the county treasurer at a
delinquency sale as trustee for the district, the county treasurer,
when directed by the board, shall sell all or any part of any parcel
remaining unsold to the highest bidder for cash at the front door of
the courthouse of the principal county.

51681. Parcels purchased at delinquent sale by the county treasurer
as trustee for the district shall be offered for sale within three
years from the expiration of the redemption period, or before October
1, 1951, whichever period is greater, in parcels of such number of
acres as the board may determine will be most desirable for purposes
of assuring the sale thereof.
However, such parcels may be retained by the county treasurer as
trustee for the district beyond such time so long as the district
annually, with respect to such parcels, pays to the county in which
such parcels are situated an amount equivalent to taxes levied by
such county on similar parcels similarly situated in the county in
the same manner as provided in the Revenue and Taxation Code for
secured property tax payments.

51682. Notice describing the parcel to be sold and stating the time
and place of the sale shall be published once a week for two
successive weeks in some newspaper published in the county in which
the parcel to be sold, or some portion thereof, is situated.

51683. It shall be sufficient to describe the parcel to be sold in
the notice by reference number as set forth in the assessment lists
to which reference is made, by the date and time of filing for
further particulars.

51684. One or more parcels may be included in the same notice and
sold severally at the time and place set forth in the notice.

51685. Prior to the sale of any parcel, the county treasurer shall
cause its fair market value to be ascertained by an appraisal made by
a board of appraisement.

51685.5. If the total amount of land to be sold at any one sale
consists of no more than 50 acres, the board of trustees shall act as
the board of appraisement and in such case the provisions of
Sections 51685, 51687, 51688, 51689, and 51690 are not applicable.

51686. If the total amount of land to be sold at any one sale
consists of more than 50 acres, the board of appraisement shall
consist of:
(a) One member who is an officer or an authorized appraiser of a
banking corporation formed under the laws of this State, or the
manager of a branch bank of such banking corporation, or an officer
or cashier of a national banking association, having a place of
business in the county in which the parcel or some portion thereof is
situated.
(b) One member who is an inheritance tax appraiser of the county
in which the parcel is located.
(c) One member, a disinterested person, who is a licensed real
estate broker, selected by the two other members of the board.

51687. If no such banking corporation or national banking
association has a place of business in the county in which the parcel
or portion thereof is situated, one member of the board of
appraisement shall be an officer or an authorized appraiser, or the
manager of a branch bank of such a banking corporation, or an officer
or cashier of a national banking association, having a place of
business in a county adjacent thereto.

51688. When all of the members of the board of appraisement cannot
agree as to the fair market value of the parcel, the determination of
value shall be made in the following manner:
(a) If two of the members of the board agree as to the fair market
value, the amount so agreed upon shall constitute the board's
appraisal.
(b) If no two members of the board agree as to the fair market
value, then each member of the board shall make a separate appraisal
and the average of the three appraisals shall constitute the board's
appraisal.

51689. Each appraisal shall be verified by the members of the board
of appraisement.

51690. The verfication shall state that:
(a) The appraisal is made in good faith.
(b) The valuation is honestly determined and represents the bona
fide opinion of the board.
(c) If any member does not concur in the appraisal, the manner in
which the board determined the appraised fair market value.

51691. At the time of the sale of a parcel, the county treasurer
shall announce its fair market value, as appraised, and shall not
accept any bid therefor less than that value.

51692. When a sale is made pursuant to this article, the county
treasurer shall execute a deed to the purchaser, upon payment of the
price bid, which deed shall have the effect of conveying title to the
land sold to the purchaser free of encumbrance, except district
assessments, including the unpaid balance of said assessment for the
delinquency of which said property was sold, which, upon the date of
the sale, had not been called and except as may be otherwise provided
by law.

51693. The deed, duly executed and acknowledged, is prima facie
evidence that all the proceedings for the levy and collection of the
delinquent assessment for which the parcel was sold, and for the sale
of the parcel were duly and regularly taken, and all notices
required were given and published for the time and manner required by
law.

51694. If any parcel remains unsold for want of an acceptable bid,
the county treasurer shall have the parcel reappraised and offer it
for sale to the highest bidder for cash in the manner provided in
this article, at least once each year until the parcel is sold.

51695. If part of any parcel is sold pursuant to this article the
assessments thereon shall be reapportioned as provided in Chapter 6,
Article 5 of this part.

51696. An action, proceeding, defense, or cross-complaint based on
the alleged invalidity or irregularity of any sale by the county
treasurer as trustee of a district of a parcel deeded to him as a
result of the nonpayment of an assessment, or some portion thereof,
may be commenced or interposed only within one year from the date of
the sale.

51697. The proceeds of sale of parcels acquired by the county
treasurer at delinquency sale for bonded assessments as trustee for
the district, shall be deposited in the bond fund.

51698. The proceeds of the sale of parcels acquired by the county
treasurer as trustee for the district at a delinquency sale for
unbonded original and additional assessments shall be credited to the
general fund.

51699. The proceeds of a sale of parcels acquired by the county
treasurer as trustee for the district at a delinquency sale for
operation and maintenance assessments shall be credited to the
maintenance fund.