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AGO Opinions with Topic: SERVICE OF PROCESS
AGO 1991 No. 30 >  October 11, 1991
IRRIGATION - DISTRICTS - PROPERTY - TAXATION - SERVICE OF PROCESS - ATTORNEYS - COSTS
Service required for foreclosure of irrigation district tax lien, sales price and redemption rights 1.   Service must provide notice reasonably calculated to inform interested parties of proceedings which may directly and adversely affect t heir legally protected interests.  Notice by publication and posting is adequate where the name and address of the owner are not known or cannot be discovered by a governmental entity with a minimal effort.  Whether any particular service is adequate is a factual question that cannot be resolved in an Attorney General's Opinion.   2.  An irrigation district cannot include reasonable attorney fees or statutory attorney fees in a certificate of delinquency or as part of the amount that must be paid to redeem the property.   3.   RCW 87.06.100(1) provides that an entity buying property at a foreclosure sale must pay the full amount of all property taxes and certain other taxes before receiving a deed from the irrigation district.  RCW 87.06.070 provides that the court shall specify the minimum sales price below which the property shall not be sold.  While there is no statutory requirement that the minimum sales price set by the court included the full amount of all property taxes and other taxes, the effect of these two statutes is that the district cannot provide a deed unless the taxes specified in the statute are paid.   4.  RCW 87.06.050 provides that any party in interest of property for which a certificate of delinquency has been prepared may redeem the property as provided by the statutes.  RCW 87.06.010(4) defines party in interest as an occupant of the property, the owner of record, and any other person having a financial interest of record in the property.
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