§11A-3-5. Sale by sheriff; immunity; penalty; mandamus.
(a) The tax lien on each unredeemed tract or lot, or each
unredeemed part thereof or undivided interest therein shall be sold
by the sheriff, in the same order as set forth in the list and
notice prescribed in section two of this article, at public auction
to the highest bidder, between the hours of nine in the morning and
four in the afternoon on any business working day after the
fourteenth day of October and before the twenty-third day of
November: Provided, That no tax lien for such unredeemed tract or
lot or undivided interest therein shall be sold upon any bid or for
any sum less than the total amount of taxes, interest and charges
then due: Provided, however, That at any such sale, the tax lien
for each unredeemed tract or lot, or undivided interest therein,
shall be offered for sale and sold for the entirety of such tract
or lot or undivided interest therein as the same is described and
constituted as a unit or entity in the list and notice prescribed
in section two of this article. If the sale shall not be completed
on the day designated in the notice for the holding of such sale,
it shall be continued from day to day between the same hours until
disposition shall have been made of all the land. The payment for
any tax lien purchased at a sale shall be made by check or money
order payable to the sheriff of the county and delivered before the
close of business on the day of the sale.
(b) Each sheriff is immune from liability if a loss or claim
results from the sale of a tax lien conducted pursuant to the provisions of this article or from any subsequent conveyance of the
property to which the lien attaches: Provided, That where a
sheriff fails or refuses to sell said tax lien pursuant to the
provisions of this article for reasons other than those provided by
section seven of this article, the sheriff may be compelled by
mandamus to sell the same upon the petition of the auditor or any
taxpayer of the county in a court of competent jurisdiction.