Kansas Statutes Annotated

K.S.A. § 79-2804 (2026)

Order of sale; publication notice; auctioneer may be employed; procedure for bidding in behalf of county; deed, execution and recordation

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

79-2804. Order of sale; publication notice; auctioneer may be employed; procedure for bidding in behalf of county; deed, execution and recordation. After the rendition of such judgment there shall be issued by the clerk of the district court to the sheriff of the county an execution or order of sale, which shall describe each tract, lot or piece of real estate mentioned and described in such judgment or decree, on which the lien has not been paid, with the amount of lien charged to each tract, lot or piece of real estate and the costs, charges and expenses of the proceedings and sale chargeable to each piece, lot or tract, in such amount as the court may order. If no order is made, then a sum equal to 5% of the amount set forth in the petition as the lien for taxes, charges, interest and penalties chargeable to each tract, lot or piece of real estate, with the name of the ascertained owner thereof, as disclosed by the judgment or decree, with the command to advertise and sell the real estate described therein. Such order of sale shall be delivered to the sheriff of the county, who shall thereupon cause notice of sale to be published once each week for three consecutive weeks in some newspaper of general circulation in the county, in accordance with the provisions of K.S.A. 64-101, and amendments thereto. The notice shall describe each tract, lot or piece of real estate to be sold and the lien for which it is to be sold, as determined by the judgment of the court and fix the date of sale, which shall not be less than 30 days from the date of the first publication. The notice shall state that the sale will be held at the front door of the courthouse in the county or shall identify some other location in the county where the sale will be held, as selected by the chief judge of the judicial district in which the county is located.

On the day fixed for the sale by such notice, the sheriff shall offer each such tract, lot or piece of real estate for sale, separately, and the same shall be sold at public auction for the highest and best bid obtainable therefor. The sheriff may employ an auctioneer for such reasonable compensation as may be determined by the court, to be allowed as a part of the costs and expenses of the proceedings and sale. The sheriff or such other person as may be authorized by the board of county commissioners, if directed by the county commissioners, may bid at such sale in the name of the county such amount as the county commissioners authorize. No bid in behalf of such county shall be accepted in excess of the amount of the judgment lien and interest thereon, as provided by law, plus the costs, charges and expenses of the proceedings and sale as set forth in the execution or order of sale. If the county is the successful bidder the costs, charges and expenses of the proceeding and sale set forth in the execution and order of sale shall be paid by the county to the clerk of the district court and charged to the county general fund. If such sale, for want of time, cannot be completed on the day fixed by the notice, it may be adjourned from day to day until completed.

The sheriff shall make return to the clerk and the same, as soon as practicable, shall be examined by the court, and if found by the court to be regular, it shall be confirmed, and the sheriff ordered to forthwith execute to the purchasers at such sale a good and sufficient deed therefor.

If one person or the county purchases more than one tract, lot or piece of real estate, the same may be included in one deed. The deed shall be executed by the sheriff and acknowledged before the clerk of the district court. No particular form of deed shall be required. It shall be sufficient if it shows the date of sale, a description of the property conveyed, the amount for which each tract, lot or piece of real estate was sold, the name of the purchaser, the date such sale was confirmed by the court and the title of the suit in which the tax lien was foreclosed. The deed shall be filed for record, by the sheriff at the time the deed is executed, in the office of the register of deeds of the county where such real estate is situated. Any fee or charge for such filing shall be collected from the successful bidder at the time of sale and deposited with the register of deeds at the time of recording. When the deed is filed it shall vest in the purchaser or grantee therein named, as against all persons, including, but not limited to, corporations and municipal corporations, parties to such proceedings, a fee simple title thereto, subject only to valid covenants running with the land and valid easement of record in use and subject to taxes and interest which have become a lien thereon, subsequent to the date upon which such judgment was rendered. Such deed shall be prima facie evidence of the regularity of all proceedings prior to the date of filing the same for record.

After the sale and confirmation thereof by the court, an execution shall issue, upon praecipe of the county attorney, county counselor or the purchaser, requiring the officer to deliver possession of the real estate, particularly describing it, to the parties entitled thereto, including the county. When the deed is executed to the county by the sheriff, it shall be filed for record forthwith in the office of the register of deeds. Thereupon the assessed valuation of such real estate shall be eliminated from the assessment and tax rolls until such time as such real estate is sold as provided by K.S.A. 79-2804f, and amendments thereto.

History: L. 1901, ch. 392, § 4; R.S. 1923, 79-2804; L. 1941, ch. 375, § 20; L. 1943, ch. 302, § 4; L. 1945, ch. 362, § 4; L. 1968, ch. 398, § 7; L. 1972, ch. 371, § 1; L. 1978, ch. 399, § 1; L. 1989, ch. 294, § 3; L. 1999, ch. 57, § 72; July 1.

Notes of Decisions

Cited in 15 cases, 1941–2006 · leading case: Pierce v. Bd. of Cnty. Commissioners, 434 P.2d 858 (Kan. 1967).

Sort: Relevance Newest Treatment

Pierce v. Bd. of Cnty. Commissioners, 434 P.2d 858 (Kan. 1967). · cites it 2× “On appeal this court reversed, and held: “In proceedings under section 79-2804, G. S. 1943 Supp., general equity powers may not be invoked to refuse confirmation and invalidate a tax sale shown to have been fairly held, with no element of fraud and in every way regular under the…”

Ford v. Willits, 688 P.2d 1230 (Kan. Ct. App. 1985). “79-2803, or amendments thereto, or any sale made under the provisions of K.S.A. 79-2804, or any amendments thereof, but every such action or proceeding, including those brought to set aside judgments on the grounds and in the manner prescribed by the code of civil procedure,…”

Bd. of Cnty. Commissioners v. Acre, 160 P.2d 250 (Kan. 1945). · cites it 2× “Section 79-2804 which deals with sale following the foreclosure decree provides that the clerk of the court shall issue to the sheriff an execution or order of sale which “shall describe each tract, lot or piece of real estate mentioned and described in such judgment or decree…”

Bd. of Jefferson Cnty. Commissioners v. Adcox, 132 P.3d 1004 (Kan. Ct. App. 2006). “79-2803, or amendments thereto, or any sale made under the provisions of K.S.A. 79-2804, or any amendments thereof, but every such action or proceeding, including those brought to set aside judgments on the grounds and in the manner prescribed by the code of civil procedure,…”

Bd. of Cnty. Commissioners v. Avis, 183 P.2d 462 (Kan. 1947). · cites it 2× ““In an action to confirm a sale of real estate in foreclosure of a tax lien, all proceedings were found 'to have been regular under the statute, but confirmation was refused and the sale set aside on the principal ground that the owner of the property had mistakenly believed…”

Bd. of Cnty. Commissioners v. Alden, 148 P.2d 509 (Kan. 1944). · cites it 2× “Section 79-2804 is part of that revision and must be given controlling force.”

Graham v. Lambeth, 921 P.2d 850 (Kan. Ct. App. 1996). “Lambeth next contends that under K.S.A. 79-2804, the filing of a sheriff’s deed conveys a clear title and, therefore, he is the owner of the 10-foot strip of land.”

Bd. of Johnson Cnty. Comm'rs v. Kearney, 661 P.2d 823 (Kan. Ct. App. 1983). “79-2804h provides; “No sale of real estate as provided for in article 28 of chapter 79 of the Kansas Statutes Annotated shall be confirmed as provided for in K.S.A. 79-2804, until the purchaser at the sale, shall file with the clerk of the court, an affidavit stating that the…”

Bd. of Cnty. Commissioners v. Allen, 137 P.2d 143 (Kan. 1943). · cites it 6× “It is provided in section 79-2804 that after the expiration of ten days from the date of the judgment of foreclosure the clerk shall issue to the sheriff an execution or order of sale “which shall describe each tract, lot or piece of real estate mentioned and *704 described in…”

Bd. of Cnty. Commissioners v. Adams, 123 P.2d 818 (Kan. 1942). · cites it 4× “It will be observed that the same clause in section 13-1079 which states the lien of the special tax bill shall continue until paid also specifies that such lien shall be concurrent with the general tax lien.”

Robertson v. Lemmon, 371 P.2d 175 (Kan. 1962). · cites it 4× “l estate be extinguished in a tax foreclosure suit in which the known owners of such interest are not made parties to the tax foreclosure suit? “Does a sheriff’s deed issued in a tax foreclosure proceeding purporting to convey the interest of owners of real estate who are not…”

Bd. of Cnty. Commissioners v. Adams, 203 P.2d 237 (Kan. 1949). · cites it 2× “That section provides, as follows: “Legal or equitable actions or proceedings may be brought to open, vacate, modify or set aside any judgment rendered for taxes, interest and costs or any order of sale made under the provisions of section 79-2803 of the General Statutes…”

Show all 15 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.