Douglas County commissioners authorize judicial foreclosure petition on 18 long‑delinquent parcels

The Douglas County Board of County Commissioners voted 4‑0 on May 21 to approve Resolution No. 25‑21 directing the county counselor to institute judicial tax‑foreclosure actions in Douglas County District Court on real estate delinquencies more than three years past due under KSA 79‑2801.

The resolution authorizes the county counselor to file a petition naming property owners and other interest holders as defendants and to seek all delinquent taxes tied to the parcels, county counsel and staff said. County staff told commissioners the list prepared for this cycle contains 18 properties; staff did not supply parcel‑level details at the meeting.

The action starts a court process rather than an immediate sale, County Counselor Mark (attorney) said. He told commissioners the foreclosure petition already is drafted and, if the board authorizes it, could be filed within about a week and no later than early June. Counsel explained that, under Kansas procedure, once a foreclosure suit is filed the county must pursue all years of unpaid taxes so that a purchaser at sale receives clear title.

“Once we file the petition, their bill to avoid the foreclosure is not $5,000 — it’s now $25,000,” Mark said, using a hypothetical to explain how multiple delinquent years are combined in the suit. County staff and counsel said taxpayers can still come to the treasurer’s office and pay to remove a property from the sale process up until the petition is filed and the court action proceeds.

Treasurer’s office staff (Adam) told the board they begin the process in January and that the list includes properties with delinquent years back to 2020; he said he did not have occupancy or owner details for each parcel at the meeting. Commissioners asked whether staff had contacted each owner; Counsel said letters were mailed, and staff have had multiple phone contacts and some taxpayers have paid after being contacted.

Some commissioners expressed concern about individual hardship. “I’m a little concerned. I don’t necessarily want to kick out a 78‑year‑old who is in financial trouble,” Commissioner Dorsey said, asking staff for more details about who occupies the properties. County counsel and staff replied that state statute tightly constrains local discretion on which accounts to pursue and that cities could pursue foreclosure on delinquent roll items if the county does not.

Commissioners were also given a quick historical note: staff said last year one property went all the way through the sale process; in earlier years there were more (staff estimated “4 or 5” in one earlier year). The county emphasized it typically works with taxpayers to resolve delinquencies before sale; in some past cycles many listings were removed when owners paid late.

The motion to adopt Resolution No. 25‑21 passed 4‑0. Staff said the petition would list the amounts due through May 15 in the filing and that the treasurer’s office will continue outreach. No parcel‑level amounts or owner names were disclosed in the public packet at the meeting because the list remains subject to change while owners still have time to resolve delinquencies.

The commission’s decision initiates a court process; any sheriff’s sale, title clearance or final transfer would occur later in the district court’s schedule and subject to further statutory steps and notice requirements.

The treasurer’s office and the county counselor said they will continue to engage with taxpayers to try to avoid sales; they also noted the county incurs costs when pursuing foreclosures and sometimes withdraws sales if it is not cost‑effective.

Votes at a glance: Resolution No. 25‑21 — directing the county counselor to institute judicial foreclosure action on real estate delinquencies more than three years past due (KSA 79‑2801) — Passed 4‑0.

Public comment on the item was opened; no parcel‑level public testimony was recorded at the meeting.

What happens next: Counsel indicated filings could be submitted within days of the resolution; property owners retain the opportunity to pay amounts due before a court‑filed petition is served, county staff said.