This 5-page PDF appears to compile various documents and notes related to Shawnee County, Kansas, focusing on property tax collection, legal processes, and attorney discipline, with a critical undertone toward the County Counselor (possibly named Cook, based on the filename).
- Page 1: A personal letter to Henry (likely Henry McClure, based on user info) thanking him for exposing misuse of D.A. Diversion Funds, saving taxpayers $200K. The writer offers more info later, promotes Henry's mayoral campaign, and addresses his inquiries about delinquent property taxes in Lauren Bay Estates. It references K.S.A. 79-2801, criticizes the County Counselor's excuses to the Attorney General, and suggests filing a complaint with the Office of the Disciplinary Administrator due to alleged "dirty deeds," including a 2013 contract issue and a 2014 resignation over Heartland Park.
- Page 2: Details on delinquent property tax collection in Shawnee County. For personal property taxes, the Treasurer issues a warrant to the Sheriff's Office, which collects with added interest and fees. For real estate, after a 3-year delinquency, the Counselor's Office files a District Court petition for judicial foreclosure and oversees the auction. Includes unanswered questions: other Sheriff's actions for collection, availability of payment plans, and distribution of foreclosure proceeds. Notes potential errors in responses.
- Page 3: Announcements for Shawnee County events. A Revenue Neutral Rate hearing is scheduled for September 8, 2025, at 9:00 AM in Topeka. Details an upcoming Judicial Tax Foreclosure Sale (Case No. 2025-CV-000180) on September 24, 2025, from 11:00 AM–2:00 PM, with a property list download, interactive map (forthcoming), and email signup for notifications. Governed by K.S.A. 79-2801 et seq., it targets properties delinquent for 1–3 years depending on type (homestead, commercial, vacant/abandoned).
- Pages 4–5: Guidance on filing formal complaints against Kansas attorneys via the Office of the Disciplinary Administrator (address: 701 SW Jackson St., 1st Floor, Topeka, KS 66603-3729). Process involves submitting a form from the Kansas Courts website with details and evidence; it undergoes investigation and review. The system focuses solely on Kansas Rules of Professional Conduct violations, not fee disputes or damages. Tips include discussing issues with the attorney first, keeping records, and noting most complaints are resolved/dismissed early. Includes a Spanish form reference and FAQs.
K.S.A. 79-2801 is a key Kansas statute governing the judicial foreclosure process for delinquent real estate taxes. It is part of the broader set of laws in K.S.A. 79-2801 et seq. (and related sections like 79-2401a) that require counties to enforce tax liens through court action when properties remain unredeemed after a delinquent tax sale.
Core PurposeThe statute mandates that counties initiate a judicial (court-supervised) foreclosure action to enforce the county's lien on real estate that was bid in by the county at a delinquent tax sale but not redeemed by the owner. This process leads to a public sale of the property to recover unpaid taxes, interest, penalties, and costs.Key Timelines and Triggers
- For most properties: If real estate remains unredeemed on September 1 of the second year after the county bid it in at a delinquent tax sale (or any extension under K.S.A. 79-2401a(b)), the county must act.
- For certain properties (as described in K.S.A. 79-2401a(a)(2)): Action is required by September 1 of the first year after the sale if unredeemed.
- The board of county commissioners orders the county attorney or county counselor to file the action in district court.
- The county attorney or county counselor (e.g., in Shawnee County, this is the County Counselor's Office) must file a petition in district court in the name of the board of county commissioners.
- The action names the owners, supposed owners, and all persons or entities with any claimed interest in the property as defendants.
- The county can hire special legal or other assistance if needed for timely compliance.
- Discretionary exceptions apply in some cases:
- Mineral interests severed from the surface (discretionary).
- Properties with aggregate assessed valuation under $300,000 or aggregate delinquent taxes (including special assessments) under $10,000 (discretionary).
- A description of each tract, lot, or piece of real estate (including street number/location if in a first- or second-class city).
- As far as practicable: The amount of taxes, charges, interest, and penalties due on each parcel.
- Names of owners/supposed owners and interested parties.
- The year the property was sold for delinquent taxes (under K.S.A. 79-2302).
- Requests for the court to:
- Determine the exact amounts due.
- Declare the amount a first and prior lien on the property.
- Order a public sale to satisfy the lien, plus costs, charges, expenses, and other relief.
- The petition is filed in duplicate; a copy goes to the county treasurer, who then stops accepting partial tax payments on listed properties (except as allowed under K.S.A. 79-2801 to 79-2810).
- Summons is issued and served personally, or by publication per the Kansas code of civil procedure.
- Cities can assist the county with legal/other help for expeditious foreclosure.
- If the county fails to act on property within city limits after at least three years of delinquency beyond the eligibility point, the city governing body can step in and initiate the foreclosure itself (with the city attorney taking on the county counselor's role, and other county officers assisting as usual).
- At least 3 years (homestead properties),
- 2 years (commercial properties),
- 1 year (vacant/abandoned properties).
Henry McClure
Time kills deals
785-383-9994
www.henrymcclure.live
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