Fawncrest Associates, Inc. v. District of Columbia
Fawncrest Associates, Inc. v. District of Columbia
Opinion of the Court
At a January 1992 tax sale, appellant (“Fawncrest”) purchased a property in Southeast Washington, D.C. (“the property”) and received a tax certificate. During the two-year redemption period, see D.C.Code § 47-1304(a) (1990),
The statutory process for sale of tax-delinquent property has been summarized in our past decisions, e.g., McCulloch v. District of Columbia, 685 A.2d 399, 401 (D.C. 1996); District of Columbia v. Mayhew, 601 A.2d 37, 39-40 (D.C. 1991), and we presume familiarity with it here. Fawncrest does not dispute that at the tax sale it acquired only “an inchoate interest in the property that [would] not ripen into title for two years following the tax sale.” McCulloch, 685 A.2d at 401; see D.C.Code § 47-1304(a) (deed issued at expiration of redemption period “shall be admitted and held to be prima facie evidence of a good and perfect title in fee simple” to the property). Naturally, therefore, Fawncrest does not dispute the original record owner’s right to sell the property during that period, in this case to the bank. Instead, it disputes the government’s right to purchase the property and so defeat the interest (however inchoate) of a prior tax sale
This argument is unavailing. Nothing in the statute implies that the bid-off procedure, itself giving the District “no greater rights than a private purchaser at ... a[tax] sale,” Massie v. District of Columbia, 634 A.2d 1226, 1228 (D.C. 1993),
Fawncrest further argues that even if the government may acquire the property by buying it during the redemption period, it may not do so without complying strictly with the redemption procedures. To do so, it says, the District had to remit money to itself: the Department of Housing and Community Development, which held and managed the purchased property, had to pay the redemption amount to the Department of Finance and Revenue, which collects the taxes. Courts understandably have rejected as “utterly futile” and pointless an intra-governmental transfer of this kind, which is “but taking the money out of one pocket and putting it in the other .” State v. Locke, 29 N.M. 148, 219 P. 790, 792 (1923); see also D.C.Code § 47-1002 (1997) (Property belonging to the District of Columbia is “exempt from taxation in the District of Columbia.”). Fawncrest’s -remaining argument that the District breached the statute by not mailing Fawncrest a refund check for the amount due as soon as the redemption took place
Affirmed.
. The tax sale statute was amended by D.C. Law 11-52, § 109, 42 D .C. Reg. 3684, effective September 26, 1995, so as to (among other things) reduce the period of redemption following a tax sale to six months rather than two years. As the relevant events in this case all took place before the statutory change, the amendments are inapplicable.
. Only when a property bid off by the District has not been redeemed within the specified time may "the Mayor ... enforce the lien of the District ... by ordering that a deed in fee simple be issued ... to the District of Columbia .... ” D.C.Code! 47-847.
. The District promptly recorded its deed here following purchase from the bank.
. Fawncrest’s reliance on Massie, supra, is misplaced, since the District there could assert only the inchoate interest of having bid off the property against the superior interest of later tax sale purchasers entitled to issuance of a deed once the redemption period had expired. See 634 A.2d at 1228-29.
.D.C.Code § 47-1319 provides that "[a]ll moneys paid or deposited ... for the redemption of property sold for taxes, shall be paid ... to the person or persons entitled to receive it, on the presentation of the certificate of the [Tax] Collector.”
Reference
- Full Case Name
- FAWNCREST ASSOCIATES, INC. v. DISTRICT OF COLUMBIA
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- Published