§ 57-28-18 — Terms of private sale and distribution of proceeds

1. Any private sale of real property made between the annual November sales must be
made upon the same terms and conditions as a sale may be made at the November
sale, unless the board of county commissioners has had the property reappraised and
has consented, by majority, to value the property at the reappraised price. The sale of
farmland acquired by the county by tax deed is subject to any existing lease of the
property for the year of the sale. If the farmland is to be sold by private sale to any
person other than the former owner or other interested person, a deed or contract for
deed may not be delivered to the purchaser until thirty days after service by certified
mail upon the former owner or other interested party of the pending sale, the date
when the sale will become final, and the amount required to repurchase the property.
For the purposes of this section, "other interested party" means the executor,
administrator, parent, spouse, or child of the former owner who has notified the county
auditor in writing of that status, the address at which service may be made, and that
the person should be notified of the expiration of the period of repurchase in
connection with any private sale of the property.
2. In case of the sale, contract for sale, or repurchase by the former owner of tax deed
property during January, the property must be assessed and taxed for that year, and
the purchaser or repurchaser is entitled to the rental and landlord's share of crops on
the property for the year. In case of the sale, contract for sale, or repurchase by the
former owner of tax deed land after January, the property may not be assessed and
taxed for that year, and the county is entitled to the rental and landlord's share of the

crops on the property for the year. The proceeds realized from a sale between annual
November sales must be apportioned in the same manner as the proceeds of the
annual November sale.