Section 203. Judgment in action adversely affecting the title, interest or claim of the state based upon tax deed  


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  • In  any  action  affecting  the
      title,  or  the  possession, enjoyment or use of, real property in which
      one of the parties is the state, any judgment that may adversely  affect
      the  title,  interest  or claim of the state based upon a tax deed shall
      provide in effect as follows:
        1. That the state shall have a lien upon such real  property  or  part
      thereof  described  in  such  tax  deed, prior and superior to all other
      liens, (a) for the amount of the unpaid taxes not  adjudged  illegal  in
      such  action  for which such real property was sold or liable to be sold
      in the first instance and for which such tax deed was  issued,  together
      with  fees, charges and interest; (b) for the amount of the unpaid taxes
      not adjudged illegal in such action for which  such  real  property  was
      subsequently  sold or liable to be sold, together with fees, charges and
      interest; (c) for the amount of all taxes, fees and charges admitted  or
      paid  by  the  state upon such real property to the date of the entry of
      such judgment, together with interest thereon  from  the  date  of  such
      admission  or  payment. In the determination of the amount of such lien,
      establishment of payments of taxes on said real property by the adjudged
      or admitted owner of the property during any of the same years in  which
      payments  were also made by the state shall reduce the lien of the state
      by the larger of the two tax payments for each of the years affected  by
      duplicate payments, and in the event that wholly identical areas are not
      affected  by  the  duplicate  payments  the  court  shall  have power to
      apportion and adjust the amount of the lien as equity may require.
        2. That the state may foreclose  such  lien  as  a  mortgage  on  real
      property  is  foreclosed,  provided  such  lien remains unpaid after the
      expiration of one year from the entry of such judgment.
        The remedy provided by this section for recovery of tax payments shall
      be in addition to any other remedy now or hereafter available in law  or
      in equity.