Author: Robert T. StephanPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
If a person who is not insolvent transfers to a federal land bank (by voluntary conveyance or foreclosure) oil and gas producing interests after assessment but before the payment of personal property taxes, a lien attaches against the property for the unpaid taxes in accordance with K.S.A. 1986 Supp. 79-2020. (We note the question presented does not involve assessing personal property taxes against the federal land bank [s̲e̲e̲ Attorney General Opinion No. 86-16]. The question presented involves determining the priority of claims against the personal property transferred.) Under this statute the federal land bank takes subject to the lien, is liable for the tax, and has a civil cause of action against the transferor for the amount paid. However, insolvency of the debtor and subsequent transfer of property by the debtor for the benefit of creditors will make the priority issue a question of federal law triggering 31 U.S.C. section 3713 (formerly 31 U.S.C. section 191), priority of government claims. The procedure for obtaining an exemption from the payment of ad valorem property taxes is found in K.S.A. 1986 Supp 79-213. While a federal land bank is exempt from the assessment of ad valorem taxes, as a property owner requesting an exemption it is not exempt from the procedure of filing for an exemption. Cited herein: K.S.A. 1986 Supp. 79-213; K.S.A. 79-329; 79-2109; 79-2110; 79-2111; K.S.A. 1986 Supp. 79-2020; 31 U.S.C. section 3713, formerly 31 U.S.C. section 191.
