§ 2-290. Donation of adjudicated property.

(a)

The parish government may donate adjudicated property to any person to the extent permitted by the state constitution, as provided by R.S. 47:2205, subject to all statutory impositions, governmental liens and costs associated with the donation.

(b)

Said donation may be initiated by an entity qualifying for said donation under the state constitution, by submission of an application to the administrative department of the parish government requesting the donation of identified, adjudicated property, which application shall include the following:

(1)

Legal description of property (lot, square and subdivision name, if applicable);

(2)

Municipal address of property;

(3)

Name of the owner of record of the property at time of adjudication and the year of the tax sale;

(4)

Affidavit certifying no member of the nonprofit entity is a member of immediate family of property owner or nonprofit entity in which property owner has a substantial economic interest;

(5)

A copy of tax sale deed evidencing the recordation in excess of three years;

(6)

A copy of current tax sale bill;

(7)

A description of the purposes for which the donated property will be used by donee;

(8)

A deposit, by cash, certified/cashier's check or money order, in an amount as established by the parish council from time to time, to cover the expenses of the donation, including notices, appraisals, legal fees of the parish government, title abstracts and mortgage certificate costs and all other costs associated with the donation. Upon authentication of the donation, all unused funds on deposit, if any, shall be refunded by donee.

(9)

Proof of the nonprofit status of the donee, including the articles of incorporation or organization of the donee, and IRS 501(c)(3) and IRS 501(c)(4) letters.

(c)

Upon receipt of the application, the administrative department of the parish government shall submit the application to the full parish council at its next regularly scheduled meeting, at which time the council may adopt an ordinance declaring the property as surplus and not needed for a public purpose, and approving the donation of the property to the applicant. The ordinance, if adopted, shall contain the following:

(1)

A requirement that the donee certify in writing to the administrative department of parish government that he or his agent has examined the mortgage and conveyance records of the parish to determine the names and last known addresses of:

a.

The tax debtor at the time of the tax sale of the property;

b.

Any person requesting notice pursuant to R.S. 47:2159;

c.

The owner of the property, including the owner of record at the time of the tax sale of the property; and

d.

Any other person holding an interest in the property, including a mortgage, privilege, lien or other encumbrance on the property, and including a tax sale purchaser;

attached to this certification shall be a written list of all names and last known addresses of the persons listed hereinabove.

(2)

A requirement that the donee of the adjudicated property shall send the written notice to any person described in subsection (c)(1) of this section, in the form provided by R.S. 47:2206(A). A copy of said written notice shall be furnished to the administrative department of the parish government with the certification set forth in subsection (c)(1) of this section.

(3)

A requirement that the donee file in the mortgage records of the parish a copy of the written notice required in subsection (c)(2) of this section, and furnish the administrative department of the parish government with stamped copies of the recorded notice.

(4)

A requirement that the donee shall cause to be published in the official records of the parish a notice in the form prescribed by R.S. 47:2206(B), and furnish the administrative department of the parish government with an affidavit of publication of said notice prepared by the official journal.

(5)

An acknowledgment in writing from the donee that the adjudicated property is donated without any warranty, except a warranty against eviction resulting from a prior alienation of the property by the parish government or its predecessor.

(6)

The name and address of the donee, and a requirement that donee remit all sums due for the satisfaction of statutory impositions, governmental liens, and fees and costs incurred by the parish government in connection with the donation, by cash, cashier's/certified check or money order, contemporaneously with the furnishing of the other documents listed in this subsection (c), with an appropriate credit for any sums previously deposited by the donee.

(d)

At the expiration of the 60-day or six-month redemption periods set forth in R.S. 47:2206(A) and (B), and upon satisfaction of any terms, conditions and requirements set forth in the ordinance approving the donation of the property, the donee may send a written notice to the administrative department of the parish government, requesting that the parish government authenticate the donation of the adjudicated property, as provided in R.S. 47:2207. In such event, the parish government shall authenticate the donation within ten days from the date of such request, or as soon thereafter as practical. The authentication shall be in the form of an act of donation as prescribed by R.S. 47:2207(C), which act of donation shall be prepared and filed in the conveyance records of the parish. The donee shall pay all costs incurred in preparing, filing and/or recording the said act of donation authenticating the donation. The act of donation authenticating the donation of the adjudicated property shall be without warranty, except a warranty against eviction resulting from a prior alienation of the property by the parish government or its predecessor, as provided by R.S. 47:2207(A).

(e)

Contemporaneously with the filing of the act of donation authenticating the donation as provided herein, the donee shall file, at his costs, an affidavit into the mortgage records of the parish, in the form prescribed by R.S. 47:2208, and shall furnish the administrative department of the parish government with a stamped copy of the recorded affidavit. The filing of said affidavit shall, in accordance with the provisions of R.S. 47:2208(B), operate as a cancellation, termination, release and erasure of records of all statutory impositions of all political subdivisions then due and owing, of all governmental liens and of all interests, liens, mortgages, privileges and other encumbrances recorded against the property donated and listed in the affidavit.

(f)

In the event the adjudicated property is redeemed within the redemption periods set forth in R.S. 47:2206(A) and (B), then all sums deposited or paid by the donee as required hereinabove shall be refunded to the donee by the parish government, with legal interest, within 30 days after the parish government is notified of said redemption.

(Code 1969, § 2-162; Ord. of 9-15-2010, § 2)