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Under K.S.A. 79-2801, the provision for city assistance in foreclosure proceedings refers to the ability of a city to collaborate with a county in the judicial foreclosure process for real estate with unpaid taxes, particularly when the property is located within city limits and the city has an interest in the taxes or special assessments. Below is a detailed explanation of what "city assistance" entails, based on the context of the statute and related Kansas tax foreclosure laws:

Key Aspects of City Assistance in K.S.A. 79-2801

1. City's Interest in Taxes or Assessments:
   • Cities in Kansas often levy property taxes or special assessments (e.g., for infrastructure improvements like sidewalks, sewers, or street paving) on properties within their jurisdiction.
   • If a property has delinquent taxes or assessments owed to both the county and the city, the city has a financial stake in the foreclosure process to recover these amounts.
2. Collaboration with County:
   • The foreclosure action is typically initiated by the county attorney at the direction of the board of county commissioners, as outlined in K.S.A. 79-2801.
   • However, the statute allows a city to assist in the foreclosure process when the property is within its boundaries. This assistance can include:
     • Providing information about delinquent city taxes or assessments owed on the property.
     • Coordinating with the county to ensure the city's interests (e.g., unpaid assessments) are addressed in the foreclosure petition.
     • Participating in the legal proceedings to protect the city's financial claims.
3. Practical Role of the City:
   • Data Sharing: The city may supply the county with records of unpaid taxes or special assessments to include in the foreclosure action.
   • Legal Support: In some cases, the city may work with the county attorney to ensure the foreclosure petition accurately reflects all tax liens, including those owed to the city.
   • Financial Recovery: The city's involvement ensures that any proceeds from the foreclosure sale are distributed to cover both county and city claims, as applicable, after court costs and other priorities are met.
4. Examples of City Involvement:
   • If a property in a city has unpaid property taxes owed to the county and special assessments for a city sewer project, the city can assist by providing documentation of the assessment debt to include in the foreclosure action.
   • The city may also request that the county prioritize foreclosure on properties that pose safety or blight concerns within city limits, aligning with community development goals.

Legal and Procedural Context

• Judicial Foreclosure Process: The foreclosure under K.S.A. 79-2801 is a judicial process, meaning it occurs through the district court. The city's assistance ensures that all relevant tax liens (county and city) are addressed in the court petition and that the sale of the property maximizes recovery of delinquent amounts.
• Service and Notification: When a city assists, it may help identify interested parties (e.g., property owners or lienholders) to ensure proper notification, including service by publication if necessary.
• Redemption and Sale: The city's involvement does not alter the redemption rights of the property owner (who can pay the delinquent taxes before the sale) but ensures the city's claims are considered in the distribution of sale proceeds.

Why City Assistance Matters

• Financial Recovery: Cities rely on property taxes and special assessments to fund services and infrastructure. Assisting in foreclosure helps recover these funds.
• Urban Planning and Safety: Cities may prioritize foreclosure on properties that are abandoned or blighted, which can negatively impact community aesthetics or safety.
• Efficiency: Joint efforts between the county and city streamline the foreclosure process, avoiding duplicate legal actions for the same property.

Accessing Further DetailsFor a precise understanding of how city assistance is implemented, you should:

• Review the full text of K.S.A. 79-2801 and related statutes (e.g., K.S.A. 79-2802 through 79-2804) in the Kansas Statutes Annotated, available via the Kansas Office of Revisor of Statutes (www.ksrevisor.gov) (www.ksrevisor.gov).
• Check local city ordinances, as some Kansas cities may have specific procedures for participating in tax foreclosures.
• Contact the county attorney's office or city clerk in the relevant jurisdiction for practical details on how city-county collaboration is handled.

If you need more specific information, such as examples from a particular Kansas city or details about a related statute, please let me know, and I can tailor the response further!

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Henry McClure 

Time kills deals

785-383-9994

www.henrymcclure.live