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HomeMy WebLinkAboutR92-033 redemption of unpatented mining claims erroneously sold at tax sale� P C Commissioner 6 f�- %�� moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - 3 3 REGARDING THE REDEMPTION OF UNPATENTED MINING CLAIM ERRONEOUSLY SOLD AT TAX SALE (To SANDERS and ZALIENSKI) WHEREAS, the Eagle County Treasurer sold the taxes on the unpatented mining claim identified by Tax Schedule No. 601275, as follows: Sale No. 1984 -0702 Purchaser: Kirsch Sanders Sale No. 1986 -1336 Purchaser: Judy Zalienski WHEREAS, the purchasers of the tax certificates to these mining claims have applied for respective Treasurer's Deeds; and WHEREAS, the Board has previously determined that the sale of unpatented mining claims is erroneous because: 1. Unpatented mining claims are not of record, making it impossible for the County to properly notify the owners thereof that the County is putting their property interests in jeopardy. 2. The value of an unpatented mining claim is largely unascertainable, thereby making the security for an investment in tax certificates relatively worthless. 3. A vast majority, if not all of the other counties in Colorado, do not sell the taxes on unpatented mining claims, for the above - mentioned and various other reasons. 4. The Colorado Constitution, Article 10, Section 3(1)(b), was amended in 1988 to specifically exempt unpatented mining claims from property taxation. 5. It is in the best interest of the taxpayers of Eagle County to have the 1988 amendment to the Colorado Constitution applied retroactively. WHEREAS, the Eagle County Treasurer requests that Eagle County redeem the above - identified tax sales. f NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the above - described amendment to the Colorado Constitution shall be applied retroactively in the best interests of the taxpayers of Eagle County. THAT, the sale of the tax liens on the unpatented mining claim described above is erroneous. THAT, Eagle County shall redeem the certificates of purchase, in the following amounts: Tax Sale No. 1984 -0702 Amount of Certificate $ 99.14 Interest through 3/31/92 127.13 TOTAL AMOUNT to be redeemed $ 226.27 Tax Sale No. 1986 -1336 Amount of Certificate $ 67.56 Interest through 3/31/92 54.88 TOTAL AMOUNT to be redeemed $ 122.44 THAT, reimbursement to the holders of the certificates of purchase shall be made from the various funds to which the tax was originally distributed; except that the interest shall be paid from the County General Fund. THAT, the Eagle County Budget Officer and the Eagle County Treasurer are hereby directed to take all actions necessary to effectuate this resolution. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. -2- g MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at regular meeting day of March, 1992. By: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ROARIYO'� UNTY COMMISSIONERS Ric and L. jqtj son/ Chairman e rge Ga es, ommissioner Donald H. Welch, Commissioner Commissioner �JAtdA, seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates _ Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by 7,/AI*x/%1y104 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. #92 -u9