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Measure Details

Act No. 540 - Bidding Process of Ad Valorem Property Tax Sales

Louisiana Ballot Measure - Proposed Amendment No. 7

Election: Nov. 2, 2010 (General)
Outcome: Failed

Categories:
Budget, Spending and Taxes
Government Operations
Housing and Property

Yes
493,618
(44.98%)

No
603,878
(55.02%)

Summary

    Act 540 (2009 Regular Session) amends Article VII, Section 25(A)(1) and (E).

    Present Constitution provides that the tax collector, on the day of the tax sale, shall sell the portion of the property which the debtor points out. If the debtor does not point out sufficient property, the collector shall sell immediately the least quantity of property which any bidder will buy for the amount of the taxes, interest, penalties and costs.

    Proposed Constitutional Amendment removes the authority of the collector to sell the least quantity of the debtor's property when the debtor does not point out sufficient property and authorizes the collector to sell the property which any bidder will buy for the amount of the taxes, interest, penalties and costs.

    Proposed Constitutional Amendment provides that any bidder may elect to bid down the five percent penalty as provided by this section in the constitution in increments of one-tenth of one percent if authorized by the state or local tax collector.

    Present Constitution provides that when taxes on movables are delinquent, the tax collector shall seize and sell sufficient movable property of the delinquent taxpayer to pay the tax, whether or not the property seized is the property which was assessed.

    Proposed Constitutional Amendment retains present law and provides that when taxes on movables are delinquent, the tax collector shall seize and sell sufficient movable property of the delinquent taxpayer to pay the tax, interest, penalties, and costs.

    Measure Text

    To provide relative to the bidding process for ad valorem property tax sales by authorizing a bidder at a tax sale to bid down the existing five percent penalty in increments of one-tenth of one percent; to require the payment of penalties by a bidder at ad valorem property tax sales; to require the payment of interest, penalties, and costs by a taxpayer who is delinquent on the payment of taxes on movables. (Amends Article VII, Section 25(A)(1) and (E))

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