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May 27, 2009

Tax sales can leave ‘hands tied’

OSKALOOSA — Be careful where you point your finger.

When a property falls into disrepair, neighbors are often understandably upset. However, they may direct their frustrations to the wrong person.

Larry Clabaugh, of Oskaloosa, knows this all too well after investing in the property taxes of a house in southeast Oskaloosa.

After purchasing the taxes on a property at 1327 Ninth Ave. E., Clabaugh found he did not have any legal right to do any kind of upkeep on the property. He said it had been vacant for about 15 years and that the property’s neighbors were not pleased with its appearance.

In particular, Clabaugh received calls about tall grass on the property.

“The neighbors complained about it,” said Clabaugh. “My hands were tied so tight I couldn’t even mow it.”

According to Clabaugh, each time the city of Oskaloosa mowed the property, it impacted his tax purchase on the property, as well.

Clabaugh’s experience highlights one of the biggest misunderstandings about purchasing taxes on a property, said Mahaska County Treasurer Sone Scott.

“You have no legal right to the property at this time,” said Scott of tax sale investors. “You have no right to even go on property. Everyone sees these infomercials and thinks ‘I’m going to get the property and I’ll be moving in tomorrow.’”

Most people investing in a tax sale auction aren’t looking to own the property, Clabaugh pointed out. He said most investors are only interested in the annual 24 percent tax recoup amount they get from the treasurer’s office.

However, Clabaugh has greater plans for his property. He plans to build a new home in its place. Once those living in neighboring properties learned of Clabaugh’s plans, the calls he received turned from complaints to messages of thanks for his efforts.

“I want to do something to make progress,” he said. “Progress comes about once ownership is derived. Then I can make the neighbors happy.”

Clabaugh soon found out becoming the owner of a property he’d invested in through a tax sale was not a short-lived process. He suggested state legislation should allow for a greater level of involvement in a property from a person purchasing its taxes.

“It takes three years to own that property,” said Clabaugh. “No one can enter the property or mow it during that three years.”

This year’s tax sale will be held June 15. For more information on tax sales, contact the Mahaska County Treasurer’s office at 673-5482.

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Herald City Editor Andy Goodell can be reached at news2@oskyherald.com

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