Texas Attorney General Opinion: O-2004 Page: 3 of 4
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Eon. George H. Sheppard, iage 3
said property at public outcry to the hi3-
est bidder for cash at the principall ontrcance
of the courthouse in the county wherein the
land lies, after giving notice of ale in
the manner now prescribed for cale of real
estate under execution * * *
This depart:ant ruled in Opinion N o. 0-950,
written by Hozorable Bruce W. Bryant, Assistant At-
torney General, and addressed to Hocnorable lRichard
B. Morris, County Attorney, Claude, Texas, as fol-
"(b) It is our opinion that a taxing
unit purchaser of land at a t&x sale ray,
before the period of redemption has expired,
sell, convey or assign at private sale its
right to receive the redemption money from
the owner, together with the title which
will vest upon failure to redeem within the
statutory ;eriod."
here a taxing unit purchases property un-
der the authority of Sections 8 and 9 of Artile
7345b of Vernon's Annotated Civil Statutes, said
taxing unit holds the sane in trust for itself and
the other taxing units which were parties in the
suit. The problem here is whether or not the pur-
chasing taxing unit may assign or convey the interest
in the property of the other taxing units as well as
its oawn.
The above quoted article specifically au-
thorizes a taking unit purchasing property to sell
the same for less than the amount of the adjudged
value of the property or the araount of the judgment
in the tax suit, whichever is lower, when said tax-
ing unit obtains the written consent of all other
taxing units which, in the judgment, have been found
to have tax liens against the property. It neces-
arrily folks, therefore, that the Legislature in-
tended to allow the sale of such property for an
amount eTga, to the adjudged value of the amount of
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-2004, text, February 27, 1940; (https://texashistory.unt.edu/ark:/67531/metapth259202/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.