Residency required to get lists?

We’ve had an interesting scenario come up. My son was reaching out to a few counties in TN about their tax delinquent list and one county told him that he needed to send them a Tennessee ID before they can send him any list. They said it’s their “open records policy” - my son researched it and found that in fact TN citizenship is required. Has anybody come across this before? I don’t think he’s gotten enough info from other counties to know if this is going to be a state-wide issue or just this particular county.

Also, I was digging around a treasurer’s website recently (different state) and came across the link for a FOIA request. On the list of records held by the county was “Real Estate and Taxation Records concerning land” within the county. Is this possibly a way of acquiring these tax delinquent lists?

Thanks for any input!

Wow. This is the first I’ve heard of this, but doesn’t surprise me. Different states no longer allow wholesalers which started with one state, then another, then another. So, it starts somewhere. I can understand why states don’t want wholesalers, but to be a resident to get a list??? Wow. That’s odd.

Hi Patricia - we found it very strange too! Hopefully it’s more a one-off than a growing trend. Thanks for your thoughts.

1 Like

I’ve also never heard of this, but I have come across plenty of gatekeepers who threw up obstacles like this to try and get rid of me.

Not necessarily saying that’s what’s happening here, maybe the residency thing is legit, but many times, it is a matter of who picks up the phone and who else you can find to help you.

It’s not uncommon to talk to 3-5 people before you finally find the person with the keys to the kingdom AND they’re willing to help you.

Thanks for your response, Seth. Frustrating, but I’m sure true! I guess the answer is to keep pushing on!

Arkansas, Delaware, Tennessee and Virginia specifically grant their own citizens and residents the right to request and inspect public documents. These states frequently deny requests placed by non-residents.

State Statute
Arkansas “All public records shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the custodian of the records.”
Ark. Code Ann. 25-19-105.
Delaware “Any citizen of Delaware may request public documents
and the purpose of the records request is not required.” [29 Del. C. § 10001 et seq.]
Tennessee “Only citizens of Tennessee have the right to inspect and receive copies of public records” [Tenn. Code Ann. 10-7-503 et seq.]
Virginia “All public records shall be open to inspection and copying by any citizens of the Commonwealth.” [Va. Code Sec. 2.2-3704]

Let’s Get Physical: Address Requirements for State FOIA Requests.

1 Like

Very interesting! Thanks for sharing this.

I wonder how a person would verify they are a citizen of said states? Is it based on whatever their driver’s license says? Or wherever they pay income taxes? Something else perhaps?

Thanks, Karl! Great info. That confirms the TN issue. One of my sons lives in VA, so that helps! Very interesting…

My son who had reached out to the TN county was told he needed to send them a Tennesse ID. But you raise a good question - what if you own land in TN but don’t live there? I would hope they’d accept a tax bill in that case.

Have your son go to a tax sale in TN and ask bidders how they got the list? He may find someone who for a small fee will give him a copy of theirs. That is how I raise investment funds. Go to tax sales and approach bidders with a small flier about getting a good return on their investment.

Hi Boyd - My son doesn’t live in TN (he lives in TX), but that’s an interesting approach that you suggested. Thank you for your thoughts!