Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Tax Deed Deed Restrictions topic
No spam. Unsubscribe anytime.
County attorney: Vernon County can impose deed restrictions on tax‑foreclosed parcels; ordinance amendment advised
Summary
Legal counsel advised the committee that the county can place deed restrictions on in‑rem (tax‑foreclosed) parcels, including restrictions that could favor long‑term housing over short‑term rentals; staff recommended drafting a general ordinance amendment for committee review.
Nikki, the county’s attorney, told the committee the county may impose deed restrictions on parcels it acquires through tax foreclosure, and she recommended amending the county’s in‑rem ordinance to clarify the process before the county pursues restrictions.
“The takeaway in a nutshell is, yes, you can,” Nikki said when asked whether the county could restrict future use of in‑rem parcels, including to prefer long‑term housing over short‑term rentals.
Nikki’s memo recommended handling deed restrictions on a parcel‑by‑parcel basis and noted a procedural point: while the county likely has the legal ability to impose restrictions without a separate ordinance, the current in‑rem (tax deed) ordinance language (chapter 58, article 3, and potentially section 58‑43) should be amended so the authority and process are explicit. She said she would draft a concise, generalized ordinance addition to allow deed restrictions on future in‑rem sales and return it to the committee for review.
Committee members connected the legal memorandum to the county’s Housing Task Force discussion on short‑term rentals and long‑term housing options. The committee discussed whether deed‑restriction decisions should be made at the committee level or by the full board; staff noted past practice has been Gen Gov committee review with final approval by the county board. Nikki confirmed the ordinance amendment and any specific deed restriction would be included in the board resolution when a parcel sale comes forward for approval.
Committee members asked staff to bring a draft amendment and to advise whether the amendment should be broad or targeted; Nikki offered to draft a “super general” addition so the county would have the authority available without waiting for a specific case.
No formal action was required at the meeting; the issue was informational and staff will return with a draft ordinance amendment for committee consideration.
