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Land bank gives family until Feb. 19 to redeem 416 South Burke before eviction hearing
Summary
The Fort Scott Land Bank discussed an attorney's opinion that a family member may redeem 416 South Burke by paying all delinquent taxes, interest and costs; the board set a Feb. 19 deadline to provide proof of payment before an eviction hearing Feb. 20 and agreed not to solicit other bids during that period.
The Fort Scott Land Bank on Jan. 27 told the family of 416 South Burke they have until Feb. 19 to produce certified proof that all delinquent taxes, interest and costs have been paid if they wish to redeem the property before an eviction hearing scheduled Feb. 20.
The board discussed a written legal opinion from attorney Justin Meeks that, under Kansas statutory redemption rights, a daughter or other statutory heir may redeem tax-foreclosed property by paying the full amount owed — not just taxes through the time of foreclosure but all delinquent tax years, accrued interest and costs. Pat (land bank staff) summarized Meeks’ opinion to the board during the meeting.
Why it matters: If the family can pay in full and provide a receipt from the Bourbon County treasurer, the land bank will issue a deed and will not pursue eviction or solicit competing bids until the Feb. 19 deadline. If no redemption occurs by Feb. 20, the board indicated it will proceed with eviction and then entertain offers for the property.
Board members noted the dollar figures discussed in the meeting were approximate. Pat said Miss Lowry was about $6,100 in arrears for tax years through 2017–2021, but the current tax and special assessments exceed $11,000 and will need to include tax years 2022–2024 plus accrued interest and costs. Pat told the meeting the redemption payment must be made to the Bourbon County treasurer as certified funds (for example, a cashier’s check) in a single payment.
The board agreed not to accept or entertain outside bids while the owner’s family has the stated redemption window. Pat said the land bank would require a receipt showing taxes paid in full; upon receipt, Pat would execute and record the deed to the purchaser named on the receipt.
No formal motion to sell or convey the property was recorded in the transcript; rather, the board adopted a procedural deadline and directions for staff to coordinate with the county treasurer and the owner’s representative.
Pat also noted that while state statute protects the right of redemption for certain relatives, the statute speaks to tax obligations and may not directly address “special” assessments charged by the city; the board said it will seek clarification from counsel if necessary. The board declined to incur another paid legal opinion at this meeting, stating they were comfortable with the opinion they had already obtained but left open the option for further legal advice.
The discussion included procedural clarifications: the family must obtain an exact prorated dollar amount from the Bourbon County treasurer and provide certified proof of payment to Pat by Feb. 19 for the land bank to issue a deed before the Feb. 20 eviction hearing.
Ending: The board will hold the redemption window through Feb. 19 and, if no redemption occurs, proceed with the scheduled eviction hearing Feb. 20 and then consider outside bids for the property.
