ORDINANCE NO

ORDINANCE NO. 4304

AN ORDINANCE REGULATING ADJUDICATED PROPERTIES IN THE PARISH OF

BOSSIER.

BE IT ORDAINED, by the Bossier Parish Police Jury that there is a need to protect the

public safety, health and welfare of the citizens of the Parish of Bossier in regards to the

abandoned properties within the Parish of Bossier, Louisiana.

BE IT FURTHER ORDAINED, by the Police Jury of Bossier Parish, in regular session

convened on the date set forth below, that the Bossier Parish Police Jury adopt this Ordinance for

the purpose of establishing procedures as authorized by (1) La. R.S. 47:2201 et seq., for the

Police Jury to sell or donate adjudicated properties and (2) La. R.S. 47:2236 et seq. for the Police

Jury to (i) acquire full ownership and merchantable title to adjudicated properties and (ii)

liquidate adjudicated properties in which full ownership was acquired:

Section 1. Definitions

As used in this article, the following terms shall have the following meanings, to-wit:

Adjoining landowner(s) shall mean the owner(s) of property sharing contiguous

boundaries with an adjudicated vacant lot.

Adjudicated property shall mean immovable property of which tax sale title is acquired

by the Bossier Parish Police Jury pursuant to La. R.S. 47:2196.

Adjudicated vacant lot shall include, but not be limited to, any undeveloped immovable

property without any building thereon, which is not being maintained by its owner or an agent of

its owner and which is adjudicated property.

Section 2. Sale or donation of adjudicated properties.

(a) The Police Jury may sell or donate adjudicated property in accordance with La.

R.S. 47:2201, 2203 and 2206.

(b) The Police Jury authorizes the Parish Administrator to appoint a third party to

administer the sale or donation of adjudicated property on behalf of the Parish of Bossier.

Section 3. Minimum bid prices; sale of adjudicated properties.

Unless otherwise provided by this Ordinance, the Police Jury elects to set a dollar amount

as a minimum bid for the public sale of adjudicated property, which shall be at least the total

amount of statutory impositions, governmental liens, and costs of sale. The Police Jury, however,

reserves the right to require an appraisal of adjudicated property to be sold at public sale. If the

Police Jury elects to use the appraised value to establish a bidding floor instead of setting a dollar

amount minimum bid as allowed by this Section, the Parish shall appoint a licensed appraiser to

appraise and value the property. The minimum bid at the first public sale shall be at least two-

thirds of the appraised value of the property. If the property fails to sell at the first public sale,

the minimum bid at the second sale shall at least be one-third the appraised value of the property.

Section 4. Pre-bidding procedures for sale of adjudicated properties

(a) Initiation by Police Jury. The Police Jury may provide by ordinance for the sale of

adjudicated property at a public sale and may include the date for the sale in the ordinance.

However, the date of the sale may be provided by a subsequent ordinance, or the date may be set

administratively by the Parish Administrator.

(b) Initiation by persons. (1) Whenever any person desires to initiate the public sale

of adjudicated property and the Parish desires to sell, the person shall deposit an amount

determined by the Parish to be sufficient to cover the expenses of the sale, including advertising,

appraisals, and other costs associated with the sale.

(2) Should the depositor at the sale fail to be the highest bidder, the money deposited

shall be returned to him. However, if no one at the sale bids up to the minimum price provided in

this Subpart, then the money shall be retained to pay the expenses of the sale, but any money

remaining after the expenses are paid shall be returned to the depositor.

the Parish of Bossier, once at least thirty days prior to the date of the public sale, and once no

more than seven days prior to the date of the public sale. The advertisement shall provide for the

minimum bid, the latest date written bids will be accepted, the time and date of in-person

bidding, and any other terms of sale.

Section 5. Additional terms for sale of adjudicated property

All Acts of Sale of adjudicated property shall contain provisions, acceptable in form and

substance to the legal counsel for the Police Jury, which provide that all such sales shall be for

cash and shall be without warranty of title and without any warranty of merchantability or

fitness; shall be “as is, where is”; that it shall be the obligation of the purchaser to obtain title

insurance, if it is desired; that all such sales shall be subject to such encumbrances, liens,

mortgages, real charges or other burdens reflected in the public records; and that the Act of Sale

for such adjudicated property shall contain a condition which shall require the purchaser of such

property to improve/renovate/make use of the tract, to the satisfaction of Bossier Parish Police

Jury, within 270 days of the passage of the Act of Sale and that, if the purchaser fails to timely

comply with this provision, the Police Jury shall have the right to rescind, dissolve or cancel the

sale.

Section 6. Donation to adjudicated property

The Police Jury may, by ordinance, allow the donation of any identified adjudicated

property to any person to the extent allowed by the Louisiana Constitution. The donated

property can be used only for purposes allowed by the Louisiana Constitution and approved by

the Police Jury.

Section 7. Notice; sale or donation of adjudicated property

A. (1) Either the Parish Administrator or the acquiring person shall send a written notice

notifying any tax sale party whose interest the successful bidder or donee intends to be

terminated that the party has until the later of the following to redeem the property or otherwise

challenge in a court of competent jurisdiction the potential sale or donation:

(a) Sixty days from the date of the notice provided in this Subsection, if five years have

elapsed from the filing of the tax sale certificate, or six months after the date of the notice

provided for in this Subsection, if five years have not elapsed since the filing of the tax sale

certificate.

(b) The filing of the sale or donation transferring the property.

(2) If this notice is given after the expiration of the applicable redemptive period, this

notice shall constitute a notice of sale. The sending of this notice shall constitute service of the

notice of sale under Article VII, Section 25 of the Louisiana Constitution. The notice required

by this Section shall be sufficient, and it shall not be necessary to determine whether notice of

the tax sale or any other notice was given. The written notice shall comply with La. R.S.

47:2206(A)(2).

B. (1) Either the Parish Administrator or the acquiring person shall cause to be published

in the official journal of the Parish of Bossier a notice that any tax sale party whose interest the

successful bidder or donee intends to be terminated has, to redeem the property, until the later of:

(a) Sixty days, for property on which a tax sale certificate was filed over five years

previous of the first publication, or six months if the tax sale certificate was filed less than five

years before the first publication of the notice provided for in this Subsection.

(b) The filing of the sale or donation transferring the property.

(2) The publication shall comply with La. R.S. 47:2206(B)(2).

C. The Parish Administrator or acquiring person may file with the recorder of mortgages

of Bossier Parish a copy of one of the notices that was sent to the tax debtor or the current owner.

A transfer, mortgage, lien, privilege, or other encumbrance filed after the filing of the notice

shall not affect the property. Pursuant to the provisions of La. R.S. 47:2206(C), the recorder of

mortgages or recorder of conveyances shall cancel, erase, terminate, or release the acts upon the

request of the acquiring person.

Section 8. Sale or donation of adjudicated property; authentic form

A. At any time after the expiration of the sixty-day or six-month periods, as applicable,

set forth in La. R.S. 47:2206(A) and (B), and, if applicable, upon the satisfaction of any terms or

conditions required in the ordinance authorizing the sale or donation, the acquiring person, or his

successors and assigns, may send to the Parish Administrator a written notice requesting that the

Parish Administrator authenticate a sale or donation. The Parish Administrator shall authenticate

the sale or donation within ten (10) days from the date of the request or as soon thereafter as

practical. The acquiring person shall be responsible for filing the sale or donation and payment of

all filing fees. The only warranty owed by the Parish shall be a warranty against eviction

resulting from a prior alienation by the Parish. Otherwise, all sales and donations shall be

without warranty, either expressed or implied, even as to return or reduction of the purchase

price, including without limitation the warranty against redhibitory defects or vices and the

warranty that the thing sold is reasonably fit for its ordinary purpose or the acquiring person's

intended or particular purpose. These waivers or exclusions of warranties shall be self-operative

regardless of whether the waivers or exclusions are contained in the act of sale or donation, and

regardless of whether they are clear and unambiguous, and regardless of whether they are

brought to the attention of the acquiring person. This provision supersedes the requirements of

any other law.

B. The writing constituting the sale shall conform to La. R.S. 47:2207(B).

Section 9. Sale or donation of adjudicated property; affidavit

A. Contemporaneously with or subsequent to the filing of the sale or donation of

adjudicated property, the acquiring person, his successors, or assigns, may file with the recorder

of mortgages of Bossier Parish an affidavit indicating how the tax sale parties whose interest the

acquiring person, his successors, or assigns, intends to be terminated were identified, how the

address of each tax sale party was obtained, how the written notice was sent, the results of

sending the written notice, and the dates of publication. The affidavit may also contain a

statement of the interest to which the purchaser or donee takes subject. The recorder of

mortgages shall index the affidavit only under the names of the owner filing the affidavit and the

tax debtor, as mortgagors. The affidavit shall conform to La. R.S. 47:2208(A).

B. With respect to a sale, the filing of the affidavit provided in Subsection A of this

Section shall operate as a cancellation, termination, release, or erasure of record of all statutory

impositions of all political subdivisions then due and owing, of all governmental liens, and of all

interests, liens, mortgages, privileges, and other encumbrances recorded against the property sold

and listed in the affidavit.

C. With respect to a donation, the filing of the affidavit provided for in Subsection A of

this Section shall operate as a cancellation, termination, release, or erasure of record of all

statutory impositions of the donor political subdivision, and all other interests, liens, mortgages,

privileges, and other encumbrances recorded against the property donated and listed in the

affidavit, except governmental liens and statutory impositions of political subdivisions other than

the donee political subdivision.

D. Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances

shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages or

other encumbrances canceled, terminated, released or erased under Subsection B or C of this

Section, only insofar as they affect the property.

Section 10. Claim of Ownership of adjudicated property by Parish

A. Whenever property or tax sale title to property is adjudicated to Bossier Parish, the

Police Jury may declare, by ordinance duly enacted, that Bossier Parish subdivision intends to

acquire a full ownership interest in the property. The Police Jury may, in its sole discretion,

acquire full ownership of adjudicated properties in accordance with La. R.S. 47:2236 et seq. or

any other applicable provision of Louisiana law. Nothing in this section shall limit the authority

of Bossier Parish to obtain full ownership of any property through any lawful means.

B. A copy of the ordinance shall be filed with the recorder of mortgages. The recorder

shall index the names of the tax debtor and the Parish of Bossier as mortgagees. A transfer,

mortgage, lien, privilege, or other encumbrance filed after the filing of the ordinance shall not

affect the property. The recorder of mortgages or recorder of conveyances shall cancel, erase,

terminate, or release the acts upon the request of the Parish Administrator.

C. (1) In the event the Police Jury intends to acquire full ownership in property as

provided in this Section, the Parish Administrator shall, within thirty days after the filing of the

instrument and ordinance described in Subsection B of this Section, or as soon thereafter as

practical, send a written notice regarding the acquisition to the tax sale parties whose interest the

Parish of Bossier intends to be terminated that the party has until the applicable time period set

forth below to redeem the property or otherwise challenge in a court of competent jurisdiction

the acquisition:

(a) Sixty days after the date of the notice, if five years have elapsed from the filing of the

tax sale certificate.

(b) Six months after the date of the notice, if five years have not elapsed from the filing

of the tax sale certificate.

(2) If this notice is given after the expiration of the applicable redemptive period, this

notice shall constitute a notice of sale. The sending of this notice shall constitute service of the

notice of sale under Article VII, Section 25 of the Constitution of Louisiana. The notice required

by this Section shall be sufficient, and it shall not be necessary to determine whether notice of

the tax sale or any other notice was given. The notice shall be sufficient if it conforms with La.

R.S. 47:2236(C)(2).

D. (1) The Parish Administrator shall cause to be published in the official journal of the

Parish of Bossier a notice that any tax sale party whose interest the Police Jury intends to be

terminated has until the applicable time period set forth below to redeem the property or

otherwise challenge in a court of competent jurisdiction the acquisition:

(a) Sixty days, for property on which a tax sale certificate was filed over five years before

the first publication.

(b) Six months if the tax sale certificate was filed less than five years before the first

publication of the notice provided in this Subsection.

(2) The publication shall be sufficient if it is in the form provided for by La. R.S.

47:2236(D)(2).

E. If the property is not redeemed within the time limit set forth in Subsection C of this

Section, the ordinance shall become operative, and the Parish of Bossier shall acquire full

ownership of the property as provided in the ordinance, subject only to such rights as determined

by a final judgment rendered in an action filed within the time limits set forth in Subsection C of

this Section. The Parish Administrator shall file a notice in the conveyance records indicating

that the Parish of Bossier has acquired full ownership of the property in compliance with this

Section. The notice shall be sufficient if it conforms with La. R.S. 47:2236(E).

F. Contemporaneously with or subsequent to the filing of the notice, the Parish

Administrator may file with the recorder of mortgages an affidavit indicating how the tax sale

parties whose interest the Police Jury intends to be terminated were identified, how the address

of each tax sale party was obtained, how the written notice was sent, the results of sending the

written notice, and the dates of publication. The affidavit may also contain a statement of the

interest to which the Parish of Bossier takes subject. The recorder of mortgages shall index the

affidavit only under the names of the Parish of Bossier and the tax debtor, as mortgagors. The

affidavit shall be sufficient if it is in the form set forth in La. R.S. 47:2236(F).

G. The filing of the affidavit provided in this Section with the recorder of mortgages of

Bossier Parish shall operate as a cancellation, termination, release, or erasure of record of all

statutory impositions of all political subdivisions then due and owing, of all governmental liens,

and of all interests, liens, mortgages, privileges, and other encumbrances recorded against the

property sold and listed in the affidavit.

H. Upon filing of the affidavit, the recorder of mortgages or the recorder of conveyances

shall treat as canceled, terminated, released, or erased, all those liens, privileges, mortgages, or

other encumbrances canceled, terminated, released, or erased under Subsection G of this Section,

only insofar as they affect the property.

I. The Police Jury may acquire adjudicated property in single parcels or in multiple

lots. The ordinance shall identify the adjudicated property or properties to be acquired.

Section 11. Sale or donation of adjudicated properties owned by the Parish.

(a) In the event Parish of Bossier acquires full ownership of the adjudicated property

pursuant to the provisions of La. R.S. 47:2236 and Section 10 of this Ordinance, the Police Jury

may sell said acquired adjudicated property in any manner provided by law, including but not

limited to public auction as set forth in Section 12 of this Ordinance. The Police Jury may

donate the property acquired to the extent allowed by the Constitution.

(b) The Police Jury or its designee may select certain adjudicated properties acquired

by the Parish for sale at public. The selection of these properties shall be in the sole discretion of

the Police Jury and may be done in single parcels or in multiple lots.

Section 12. Sale by public auction of adjudicated properties acquired pursuant to La. R.S.

47:2236.

(a) In the event Parish of Bossier acquires full ownership of the adjudicated property

pursuant to the provisions of La. R.S. 47:2236, the Police Jury may sell those properties through

a public auction of such properties. Such auctions shall consist of such adjudicated properties

designated for the auction by the Bossier Parish Police Jury or its designee.

(b) The auctioneer shall be chosen by the Parish Administrator. The auctioneer will be

required to execute a contract with Bossier Parish Police Jury establishing the relevant terms and

conditions, including the compensation to be paid by the Parish of Bossier to the auctioneer. The

auctioneer shall have the responsibility for at least the following obligations which shall be

specified in the contract, as well as any other obligations specified in the contract:

(1) Creation of a strategic marketing plan for Bossier Parish Police Jury – This

shall include advertising for marketing purposes. There shall be advertising in the appropriate

local newspapers; a listing of the adjudicated properties on the auctioneer’s web site; providing

press releases to television and radio stations; and the installation of signs on each of the

adjudicated properties which shall be included within the auction.

(2) Preparation of promotional literature – This shall include the preparation and

distribution of postcards, brochures and fliers and shall include pertinent information regarding

the auction.

(3) Preparation of an auction registration – This shall include the preparation of

registration packages, equipment and personnel.

(4) Provide personnel necessary to conduct a professional and orderly auction –

This shall include providing for proper security and providing competent personnel to handle the

auction and the attendant record keeping for the auction.

(5) Provide necessary equipment – This shall include providing computers and

audio and video equipment.

(6) Provide report to the Police Jury after the auction – This shall include

providing to the Police Jury a list of all adjudicated properties which were sold and a list of those

not sold; a list of all buyers registered at the auction; and a copy of all purchase agreements.

(7) Post-auction duties – This shall include ensuring that a deposit of either ten

percent of the sales price or the amount of auction costs attributable to the tract, whichever is

greater, is collected at the auction and the balance collected at closing, all in the form of cash or

certified funds; coordinating closings with the closing agency; and providing the closing agency

with execution copies of the Act of Sale.

be specified in the contract, as well as any other obligations specified in the contract:

(1) Selection of auctioneer, place and tracts – This shall include the selection of

the auctioneer and the location of the auction and for timely designating the adjudicated

properties to be included within the auction.

(2) Minimum price – the Police Jury shall establish a minimum bid or price for

the sale of each tract.

(3) Legal notice – the Police Jury shall also be responsible for providing all tax

debtors, mortgagees and other interested parties with timely legal notice of the impending sale,

consistent with the requirements of Louisiana law.

(4) Legal advertisement – the Police Jury shall provide any other legal notice or

legal advertisement which may be required under Louisiana law.

(5) Approval of tracts – the Police Jury shall approve, by resolution, any tracts to

be sold at the auction.

(6) Closing agency – The Parish Attorney shall be solely responsible for selecting

a closing agency to handle the actual sale of the property.

(d) After the auction, as noted above, the auctioneer will coordinate the closing of the

sales with the closing agency.

(e) The Parish Administrator, President or Secretary-Treasurer of the Bossier Parish

Police Jury are hereby authorized and directed to sign any and all documents, agreements or

other papers reasonably necessary to accept or implement the program for the sale of adjudicated

properties, as described herein, and to return all monies, appraiser’s fees or deposits heretofore

paid in connection with the prior procedure or program.

Section 13. Sale of adjudicated vacant lots to adjoining landowners by public sale

Notwithstanding any provision of this Ordinance, the Police Jury may, pursuant to the

provisions of La. R.S. 47:2201(2)(B), as revised by Act 511 of 2009, allow adjoining landowners

of an adjudicated property which constitutes an adjudicated vacant lot to purchase the

adjudicated vacant lot for any price set by the Police Jury without any public bidding at a public

meeting of the Police Jury; provided that the Police Jury determines that the adjoining landowner

has maintained the property for a period of one (1) year prior to the sale. Such sale shall be

deemed a public sale under the provisions of this subpart.

Section 14. General