67-5-2501 - Sale of land generally. - Tennessee Statutes

67-5-2501. Sale of land generally.

(a)  (1)  The court shall order a sale of the land for cash, subject to the equity of redemption.

     (2)  At all sales, the clerk of the court, acting for the state, shall bid the debt ascertained to be due for taxes, interest, penalties, and the costs incident to the collection thereof, where no other bidder offers the same or larger bid; provided, that, when the county legislative body determines that the environmental risks are such that it is not in the best interests of the county for a minimum bid to be offered at the tax sale, the clerk shall not offer a bid on the property at the tax sale.

     (3)  Up to ten percent (10%) of the sale proceeds shall be applied first to payment of any unpaid balance of compensation due the prosecuting attorney. Second, the proceeds of the sale shall be applied to the costs of the suits. Third, the remainder shall be applied to the state first, county second, and municipality third, the amount due each to be ascertained by a decree of the court.

     (4)  This subsection (a) does not apply to counties with a metropolitan form of government or to counties having the following populations according to the 1970 federal census or any subsequent federal census:

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(b)  (1)  The court shall order a sale of such land for cash, subject to the equity of redemption.

     (2)  At all sales, the clerk of the court, acting for the state, shall bid the debt ascertained to be due for taxes, interest, penalties, and the costs incident to the collection thereof, where no other bidder offers the same or larger bid; provided, that, when the county legislative body determines that the environmental risks are such that it is not in the best interests of the county for a minimum bid to be offered at the tax sale, the clerk shall not offer a bid on the property at the tax sale.

     (3)  The proceeds from such sale shall be applied first to the payment of the ten percent (10%) penalty allowed as compensation for prosecuting the suits, second to the costs, and third the remainder shall be applied to the state first, county second, and the municipality third, the amount due each to be ascertained by a decree of the court.

     (4)  This subsection (b) applies only to counties with a metropolitan form of government and to counties having the following populations according to the 1970 federal census or any subsequent federal census:

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[Acts 1923, ch. 77, § 8; Shan. Supp., § 913b17; Code 1932, § 1951; Acts 1935, ch. 114, § 1; C. Supp. 1950, § 1591; Acts 1972, ch. 503, § 2; 1973, ch. 296, § 3; 1978, ch. 869, §§ 4, 6-8; 1981, ch. 125, § 1; 1983, ch. 307, § 1; T.C.A. (orig. ed.), § 67-2012; Acts 1996, ch. 787, § 7.]