Recent Developments in Indiana Taxation - I.U. School of Law ...

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1124 INDIANA LAW REVIEW [Vol. 40:1103 having a population of more than 15,000 or a town with a population more than 5000 but less than 6300 in a county with a total population of more than 100,000 but less than 105,000 to exempt newly annexed, contiguous, agriculturally zoned property from municipal property taxes if the ordinance is adopted before June 206 30, 2006. If adopted after June 30, 2006, the amendment limits the exemption 207 to ten years. This amendment also requires the consent of the property owner to change zoning classification. 208 The GA amended I.C. § 5-3-1-0.4 (effective March 24, 2006) to expand the definition of a “newspaper” that can be used for publication of notices. 209 The GA amended I.C. § 5-3-1-2.3 (effective July 1, 2006) to specify that a tax adjustment board chart or DLGF budget order published by the county auditor in accordance with this chapter is valid even if it contains an error. 210 This amendment also allows the DLGF to correct an error or omission in the publication and requires the county auditor to publish the correction at the county’s expense. 211 The GA amended I.C. § 6-1.1-17-5 (effective July 1, 2006) to require a municipality to set its budget, tax rate, and tax levy by September 30 each year. 212 The GA amended I.C. § 6-1.1-17-16 (effective July 1, 2006) to allow the DLGF to correct the budget, tax rate, or tax levy if it was incorrectly published 213 or omitted in the publication by the county auditor. This amendment also allows a political subdivision two weeks, instead of one, to respond to the DLGF’s proposal to change a tax rate or levy. 214 The GA amended I.C. § 6-1.1-22-8 (effective January 1, 2007) to allow the county treasurer to include on the tax bill the dollar amount of each special assessment owed. 215 The GA amended I.C. § 6-1.1-22-11 (effective January 1, 2007) to increase the interest paid by a property tax lien holder to 10% from 6%. 216 The GA added I.C. § 6-1.1-22-13.5 (effective January 1, 2007) to specify that a political subdivision acquires a lien on real property for all special assessments levied and all subsequent costs and penalties resulting from the special 217 assessments. The lien attaches on the installment due date of the year for 218 which the special assessments are certified. The lien is not affected by any 206. 2006 Ind. Legis. Serv. P.L. 71-2006 (H.E.A. 1089) § 1 (West). 207. Id. 208. Id. 209. 2006 Ind. Legis. Serv. P.L. 169-2006 (H.E.A. 1102) § 1 (West). 210. Id. § 2. 211. Id. 212. Id. § 8. 213. Id. § 9. 214. Id. 215. Id. § 10. 216. Id. § 11. 217. Id. § 12. 218. Id.
2007] TAX LAW 1125 219 sale or transfer of the real property. The lien is superior to all other liens 220 except property taxes. A political subdivision may sue for settlement of the lien. 221 The GA amended I.C. § 6-1.1-24-1.5 (effective January 1, 2007) to require that the county executive, instead of the MDC, prepare a list of properties that are vacant or abandoned and certify the list to the county auditor. 222 The GA amended I.C. § 6-1.1-24-2.2 (effective January 1, 2007) to remove the provision allowing the filing of an affidavit by the owner of vacant or abandoned property to remove it from the tax sale because it is inhabitable under law. 223 The GA amended I.C. § 6-1.1-24-3 (effective January 1, 2007) to add that notices mailed under this section and advertisement made under this chapter are considered sufficient notice of the intended application for judgment and of the sale of real property under the order of the court. 224 The GA amended I.C. § 6-1.1-24-4(b) (effective January 1, 2007) to apply state-wide instead of just to a county having a consolidated city. 225 The GA amended I.C. § 6-1.1-24-4.6 (effective January 1, 2007) to add wording to the county auditor’s affidavit swearing that notice for application for judgment and order for sale was mailed by certified mail to the owners on the 226 list. This amendment also requires the county auditor to enter the name of at least one owner of each tract of real property, the dates of publications, and the mailing dates of the notices to the list attached to the affidavit. 227 The GA amended I.C. § 6-1.1-24-4.7 (effective January 1, 2007) to require the final listing of the judgment and order for sale to contain the name of at least one of the owners of each tract of real property. 228 The GA amended I.C. § 6-1.1-24-6.1 (effective January 1, 2007) to allow the county executive to offer to the public the certificates of sale acquired under I.C. § 6-1.1-24-6. 229 The GA amended I.C. § 6-1.1-25-3 (effective January 1, 2007) to state that when real property that was sold under I.C. § 6-1.1-24-6.1 is redeemed, the county auditor will issue to the purchaser of a certificate stating the amount received for redemption minus an amount equal to the difference between the minimum bid and the amount for which the certificate sold. 230 219. Id. 220. Id. 221. Id. 222. Id. § 14. 223. Id. § 16. 224. Id. § 17. 225. Id. § 18. 226. Id. § 19. 227. Id. 228. Id. § 20. 229. Id. § 24. 230. Id. § 27.
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Page 67 and 68: 2007] TAX LAW 1169 752 spouse. The
Page 69 and 70: 2007] TAX LAW 1171 784 taxing abili
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