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Friday, July 18, 2025

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

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.
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.
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.
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!

Henry McClure

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785-383-9994

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Laurens Bay

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!