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43 U.S.C. § 455bState tax as lien upon lands; prior lien of United States; rights of holder of tax title

submitted 98 years ago by ch. 394 to r/title-43-PUBLIC-LANDS · 180 words · no verdicts yet

in plain englishAI-generated · not legal advice

Any tax legally charged on this land becomes a lien on it. A state can sell the land to collect unpaid taxes, like it sells private land. But the United States keeps a lien that comes first, for unpaid amounts owed on the land. Whoever buys the tax title gets the same rights as other approved land assignees.

This section covers what happens when a state or local government taxes land held by a desert-land entryman under section 455a. Any tax that is legally assessed on the land becomes a lien on that land. The government can enforce that lien the same way private land taxes are enforced — by selling the land through a tax sale, tax deed, or other tax proceeding. But there is a limit. Whatever title or interest the state conveys through that tax sale stays subject to a lien that the United States keeps first. That prior federal lien covers: - All due and unpaid installments on the land's appraised purchase price, and - All other unpaid charges the law allows, whether or not they have come due yet. The person who ends up holding the tax deed or tax title steps into the same rights and privileges as an "assignee" would have. The section lists three kinds of assignee whose rights apply: an assignee of the desert-land entryman on ceded Indian lands, an assignee under section 441 of this title, or an assignee of an entry in a federal reclamation project built under the Reclamation Act of June 17, 1902, as later changed.
the actual law source: uscode.house.gov ↗public domain

All such taxes legally assessed shall be a lien upon the lands and may be enforced upon said lands by the sale thereof in the same manner and under the same proceeding whereby said taxes are enforced against lands held under private ownership; but the title or interest which the State or political subdivision thereof may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to a prior lien reserved to the United States for all due and unpaid installments on the appraised purchase price of such lands and for all the unpaid charges authorized by law whether accrued or otherwise. The holder of such tax deed or tax title resulting from such tax shall be entitled to all the rights and privileges in the land of an assignee of such entryman on ceded Indian lands or of an assignee under the provisions of section 441 of this title or of any such entries in a Federal reclamation project constructed under said Act of June 17, 1902, as supplemented or amended.

Source credit: (Apr. 21, 1928, ch. 394, § 3, 45 Stat. 439; June 13, 1930, ch. 477, 46 Stat. 581.)

history & why it existsrecord from the source credit
  • 1928Enacted · Act of Apr. 21, 1928, ch. 394 · 45 Stat. 439
  • 1930Amended · Act of June 13, 1930, ch. 477 · 46 Stat. 581

A history note hasn’t been published yet. The record shows enactment by ch. 394 on 1928-04-21.

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