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County adopts limited 'preferred bidder' rules for low‑value tax‑sale parcels

Board of Commissioners of Utah County · April 19, 2016
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Summary

The Utah County Commission adopted an ordinance creating criteria for a limited preferential bidding process at tax sales to allow adjacent or possessory owners a first right to bid on narrow remainder parcels; the commission said the change preserves transparency by keeping the sale public and adds legal oversight for parcel selection.

The Utah County Board of Commissioners on a 3–0 vote adopted an ordinance to establish a limited preferred-bidder process for certain tax‑sale parcels that have little independent market value, such as narrow strips or remainder pieces.

County staff told commissioners the change is intended to protect neighbors or possessory users who have maintained a parcel but have been historically outbid by outside speculators. “What we're trying to do is establish a preferential bidding process at the tax sale,” a county staff member said, explaining the approach would identify parcels for neighbor notification and allow qualified preferred bidders to bid first in the public auction.

Legal counsel cautioned the commission about potential due‑process or challenge risks and urged clear criteria and review. Paul Jones of the county attorney's office said administrative rules and county practice support the concept but warned that owners later could claim the county failed to maximize value if processes were not defensible.

Commissioners pressed staff on safeguards: notices to titleholders, the right of redemption up to the moment of sale, and involvement of the tax‑sale committee and county legal counsel in parcel determinations. Staff emphasized that taxes due would always be collected first and that parcels with real market value will still be sold openly to the highest bidder.

The ordinance was framed as a "first right to bid" rather than a closed preferential sale: preferred bidders must still appear and bid in the public auction, and if they do not bid, the parcel goes into the open pool. The commission adopted the ordinance following the presentation and legal discussion; staff said the county will implement parcel‑by‑parcel reviews with legal oversight to limit exposure and keep transparency.

Next steps: county staff will incorporate the new criteria and procedures into tax‑sale preparations and provide oversight as parcels are identified before the next tax sale.