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Kansas Statute Annotated (K.S.A.) 79-2801 governs the process for initiating a judicial foreclosure action to enforce a tax lien on real estate that has been bid in by a county and remains unredeemed. Below is a summary of the key provisions of K.S.A. 79-2801, based on the most recent information available from the Kansas Office of Revisor of Statutes:

Summary of K.S.A. 79-2801

• Purpose: The statute outlines the procedure for a county to enforce a lien for unpaid taxes on real estate that the county has acquired through a tax sale and that has not been redeemed by the property owner.
• Action to Enforce Lien:
  • The county attorney, at the direction of the board of county commissioners, may file a petition in the districtPie court to foreclose the tax lien on unredeemed real estate.
  • The action is initiated to sell the property to satisfy the unpaid taxes, interest, and associated costs.
• Summons and Service:
  • A summons must be issued to notify the property owner and other interested parties (e.g., lienholders) of the foreclosure action.
  • If the owner or interested parties cannot be located, service by publication is permitted, ensuring public notice of the proceedings.
• City Assistance in Foreclosure:
  • In certain cases, a city may assist in foreclosure proceedings, particularly when the property is within city limits and the city has an interest in the taxes or assessments.
• Historical Context:
  • The statute has been amended over time, with its origins tracing back to 1876 (L. 1876, ch. 34, § 127). It has been updated periodically to refine procedures for tax foreclosure and sale.

Key Details

• Scope: Applies to real estate bid in by the county due to non-payment of property taxes, where the redemption period has expired.
• Court Involvement: The foreclosure process is judicial, meaning it requires court oversight to ensure due process for all parties involved.
• Assistance by City: When applicable, cities may collaborate with counties in foreclosure proceedings, especially for properties subject to city taxes or special assessments.

Accessing the Full StatuteTo read the full text of K.S.A. 79-2801, including any amendments from the 2024 legislative session or 2024 Special Session, you should consult the authenticated Kansas Statutes Annotated. These are available in:

• The current printed bound volumes of the Kansas Statutes Annotated.
• The current printed volumes of the Cumulative Supplement to the Kansas Statutes Annotated, published by the Kansas Office of Revisor of Statutes.
  

You can access these through the Kansas Office of Revisor of Statutes website (www.ksrevisor.gov) (www.ksrevisor.gov) or the Kansas State Legislature website (www.kslegislature.gov) (www.kslegislature.gov).

Additional Notes

• Related statutes in Article 28 (K.S.A. 79-2801 through 79-2812) cover other aspects of judicial foreclosure and sale, such as joinder of parties, trial procedures, and redemption rights before the sale.
  
  
• For the most accurate and up-to-date information, always verify with official sources, as statutes may be amended, and some online versions may not reflect the latest changes.
  
  

If you need a specific section of the statute quoted verbatim or have questions about its application, let me know, and I can provide further assistance or direct you to the appropriate resources!

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Henry McClure 

Time kills deals

785-383-9994

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