08-02-1999 - Laserfiche WebLink

Commission Minutes--August 2, 1999 2012 11. BUFFALO SCHOOL, Tax-delinquent property Michael Montplaisir, County Auditor, referred to his correspondence to the Board of Commissioners dated July 23, 1999, regarding delinquent taxes on property in the City of Buffalo formerly owned by the Maple Valley Public School District. He expressed concerns that the county will be forced to take ownership of the two parcels of land if the owner does not pay at least the 1994 taxes by October 1, 1999, to avoid foreclosure. The property could be redeemed by the owner if all five years of delinquent taxes are paid before the time of the annual sale on the third Tuesday in November. There are serious liability problems associated with this property. Mr. Montplaisir said roofs are damaged on the buildings and windows broken out, presumably there is a buried gas tank because there is a gas pump on the property, there may be other buried tanks on the premises for heating fuel, and there is an uncapped well. He said the property was sold for $1.00 in December, 1989, by the Maple Valley Public School District to Steven Lyons of Fargo. However, the deed that was recorded in 1994 deeded the property to Martha S. Lyons, mother of Steven Lyons. Since that time, there have apparently been a number of other transactions on the property that have not been recorded, and the chain of title is unclear. Mr. Montplaisir recommended that the Board consult with the Cass County State's Attorney concerning the legal status of these properties and the possibility of engaging legal council experienced in property disputes to do the appropriate research; and also, to work with the North Dakota Association of Counties to consider drafting legislation that would offer some protection for counties from this type of property transfer. He expressed concern about the precedent that would be set, not only in Cass County, but for all counties in the State. He is aware of three other school properties for sale in Cass County at this time. Three members of the City of Buffalo Historical Society, Inc. were present in the audience. They were Dale Bentley, Daryl Van Hale, and Veronica Miller. Mr. Bentley showed the Board pictures of an "Old Stone Church" and Rectory which the Buffalo Historical Society has successfully renovated, and he presented a detailed plan for restoring the 1916 high school section of the Buffalo school building. They are interested in acquiring it for expansion purposes because it appears to be the only section that can be preserved, and it is located across the street from their current Heritage Center, which is already too small for some of their events and activities. Commissioners were impressed with the restoration work the Buffalo Historical Society has done and appreciate the information they provided today. Mrs. Quick said the county will continue to communicate with them in the event the property is forfeited to Cass County for delinquent taxes. None of the previous owners, the Maple Valley School District or Steven or Martha Lyons, were present at today's meeting. MOTION, passed Mr. Wieland moved and Mrs. Schneider seconded to consult with the Cass County State's Attorney concerning the legal status of these properties and the possibility of engaging legal counsel experienced in property disputes to do the appropriate legal research; and also to work with the North Dakota Association of Counties concerning legislation that would offer protection to counties from the transfer of public building liabilities. Discussion: Mr. Webb said he spoke to the