§ 57-28-20 — Disposition of proceeds of sales

All proceeds from the public or private sale of property under this chapter must be
apportioned as regular tax payments are apportioned among and within taxing districts in which
the property is located, as follows:
1. The county treasurer shall issue a regular tax receipt in the name of the county,
beginning with the earliest year for which the taxes are delinquent. Tax receipts must
be written for the amount of the tax, with penalty and interest. If the property is:
a. Sold for an amount sufficient to cover all outstanding taxes, special assessments,
penalties, interest, and associated costs at the time of selling the property, tax
receipts must be written for all such years, and any remaining amount must be
retained by the county for ninety days following the date of the sale. After the
ninety-day retention period, any excess proceeds must be distributed as provided
in subsection 3.
b. Sold under a contract, the county treasurer shall issue tax receipts, beginning
with the earliest year for which taxes or special assessments are delinquent, with
penalty and interest, and all subsequent payments made on the contract must be
applied to the earliest remaining unpaid taxes or special assessments. Any
payment under the contract after all taxes, special assessments, penalties,
interest, and associated costs at the time of selling the property are paid must be
retained by the county for ninety days following the date of the sale. After the
ninety-day retention period, any excess proceeds must be distributed in the
manner provided in subsection 3.
c. Sold for less than the total amount of the taxes due, the treasurer shall write tax
receipts beginning with the earliest year and for as many subsequent years as
the proceeds realized from the sale will satisfy, and the remainder of any unpaid
general taxes or special assessments must be canceled by the board of county
commissioners.
2. If an owner of record title owns multiple parcels of property subject to foreclosure
proceedings under this chapter, the county treasurer shall use the aggregate amount
of outstanding taxes, special assessments, penalties, interest, and associated costs
applicable to all parcels of property and the aggregate proceeds from all public or
private sales of the parcels of property to determine the amount of excess proceeds, if
any, available for distribution as provided in this section.
3. Excess proceeds under this section must be distributed:
a. To the owner of the record title of the real estate listed in the notice of foreclosure
of tax lien if the owner of record submitted an undisputed claim for the excess
proceeds within the ninety-day retention period;
b. To the clerk of the district court in the county in which all or a majority of the
property is located if a disputed claim or multiple claims for the excess proceeds
were submitted within the ninety-day retention period; or
c. To the unclaimed property administrator under chapter 47-30.2 if a claim for the
excess proceeds was not submitted within the ninety-day retention period.

4. A city or county that acquires a tax deed to property shall make reasonable efforts to
sell the property for the amount necessary to satisfy the outstanding taxes, penalties,
and interest owed on the property and shall distribute any remaining sale proceeds in
the manner provided in this chapter.