Read the full stored bill text
Session of 2025
SENATE BILL No. 192
By Senator Haley
2-4
AN ACT concerning property taxation; relating to judicial foreclosure and
order of sale of real estate by a county; requiring judicial foreclosure
public auctions to be conducted in person at a physical location in the
county; amending K.S.A. 79-2804 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 79-2804 is hereby amended to read as follows: 79-
2804. (a) After the rendition of such judgment, there shall be issued by the
clerk of the district court to the sheriff of the county an execution or order
of sale , which that shall describe each tract, lot or piece of real estate
mentioned and described in such judgment or decree, on which the lien has
not been paid, with the amount of lien charged to each tract, lot or piece of
real estate and the costs, charges and expenses of the proceedings and sale
chargeable to each piece, lot or tract, in such amount as the court may
order. If no order is made, then a sum equal to 5% of the amount set forth
in the petition as the lien for taxes, charges, interest and penalties
chargeable to each tract, lot or piece of real estate, with the name of the
ascertained owner thereof, as disclosed by the judgment or decree, with the
command to advertise and sell the real estate described therein. Such order
of sale shall be delivered to the sheriff of the county, who shall thereupon
cause notice of sale to be published once each week for three consecutive
weeks in some a newspaper of general circulation in the county, in
accordance with the provisions of K.S.A. 64-101, and amendments
thereto. The notice shall describe each tract, lot or piece of real estate to be
sold and the lien for which it real estate is to be sold, as determined by the
judgment of the court, and fix the date of sale, which shall not be less than
30 days from the date of the first publication. The notice shall state that the
sale will be held at the front door of the courthouse in the county or shall
identify some other physical location in the county where the sale will be
held, as selected by the chief judge of the judicial district in which the
county is located.
(b) On the day fixed for the sale by such notice, the sheriff shall offer
each such tract, lot or piece of real estate for sale, separately, and the same
shall be sold at public auction for the highest and best bid obtainable
therefor. For purposes of this section, "public auction" means an auction
sale that is open to the public, held in person at a physical location in the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
SB 192 2
county and conducted in a manner that provides access to members of the
public to gather and interact in person to listen, view and observe the
bidding as bids are submitted in the auction. Bids by online or electronic
means of communication may be allowed to be submitted in addition to
bids by those persons physically present at the auction sale, but no such
auction or bidding shall be exclusively conducted online or by electronic
means. The sheriff may employ an auctioneer for such reasonable
compensation as may be determined by the court, to be allowed as a part
of the costs and expenses of the proceedings and sale. The sheriff or such
other person as may be authorized by the board of county commissioners,
if directed by the county commissioners, may bid at such sale in the name
of the county such amount as the county commissioners authorize. No bid
in behalf of such county shall be accepted in excess of the amount of the
judgment lien and interest thereon, as provided by law, plus the costs,
charges and expenses of the proceedings and sale as set forth in the
execution or order of sale. If the county is the successful bidder , the costs,
charges and expenses of the proceeding and sale set forth in the execution
and the order of sale shall be paid by the county to the clerk of the district
court and charged to the county general fund. If such sale, for want lack of
time, cannot be completed on the day fixed by the notice, it such sale may
be adjourned from day to day until completed.
(c) The sheriff shall make return to the clerk and the same, as soon as
practicable, shall be examined by the court, and if found by the court to be
regular, it such sale shall be confirmed, and the sheriff ordered to forthwith
immediately execute to the purchasers at such sale a good and sufficient
deed therefor.
(d) If one person or the county purchases more than one tract, lot or
piece of real estate, the same may be included in one deed. The deed shall
be executed by the sheriff and acknowledged before the clerk of the
district court. No particular form of deed shall be required. It The deed
shall be sufficient if it such deed shows the date of sale, a description of
the property conveyed, the amount for which each tract, lot or piece of real
estate was sold, the name of the purchaser, the date such sale was
confirmed by the court and the title of the suit in which the tax lien was
foreclosed. The deed shall be filed for record, by the sheriff at the time the
deed is executed, in the office of the register of deeds of the county where
such real estate is situated. Any fee or charge for such filing shall be
collected from the successful bidder at the time of sale and deposited with
the register of deeds at the time of recording. When the deed is filed , it
shall vest in the purchaser or grantee therein named, as against all persons,
including, but not limited to, corporations and municipal corporations,
parties to such proceedings, a fee simple title thereto, subject only to valid
covenants running with the land and valid easement of record in use and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
SB 192 3
subject to taxes and interest which that have become a lien thereon,
subsequent to the date upon which such judgment was rendered. Such
deed shall be prima facie evidence of the regularity of all proceedings
prior to the date of filing the same for record.
(e) After the sale and confirmation thereof by the court, an execution
shall issue, upon praecipe of the county attorney, county counselor or the
purchaser, requiring the officer to deliver possession of the real estate,
particularly describing it, such real estate to the parties entitled thereto,
including the county. When the deed is executed to the county by the
sheriff, it such deed shall immediately be filed for record forthwith in the
office of the register of deeds. Thereupon , the assessed valuation of such
real estate shall be eliminated from the assessment and tax rolls until such
time as such real estate is sold as provided by K.S.A. 79-2804f, and
amendments thereto.
Sec. 2. K.S.A. 79-2804 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17