Bill Text: VA HB2060 | 2019 | Regular Session | Prefiled
Bill Title: Real estate with delinquent taxes or liens; appointment of special commissioner, etc.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-03-18 - Governor: Acts of Assembly Chapter text (CHAP0541) [HB2060 Detail]
Download: Virginia-2019-HB2060-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §58.1-3970.1 of the Code of Virginia is amended and reenacted as follows:
§58.1-3970.1. Appointment of special commissioner to execute title to certain real estate with delinquent taxes or liens to localities.
A. Except as provided in subsection B, in any proceedings
under this article for the sale of a parcel or parcels of real estate which
meet all of the following: (i) each parcel has delinquent real estate taxes or
the locality has a lien against the parcel for removal, repair or securing of a
building or structure; removal of trash, garbage, refuse, litter; or the
cutting of grass, weeds or other foreign growth, (ii) each parcel has an
assessed value of $50,000 $75,000 or less, and (iii)
such taxes and liens, together, including penalty and accumulated interest,
exceed 50 percent of the assessed value of the parcel or such taxes alone
exceed 25 percent of the assessed value of the parcel, the locality may
petition the circuit court to appoint a special commissioner to execute the
necessary deed or deeds to convey the real estate to the locality in lieu of
the sale at public auction. After notice as required by this article, service
of process, and upon answer filed by the owner or other parties in interest to
the bill in equity, the court shall allow the parties to present evidence and
arguments, ore tenus, prior to the appointment of the special commissioner. Any
surplusage accruing to a locality as a result of the sale of the parcel or
parcels after the receipt of the deed shall be payable to the beneficiaries of
any liens against the property and to the former owner, his heirs or assigns in
accordance with §58.1-3967. No deficiency shall be charged against the owner
after conveyance to the locality.
B. For a parcel or parcels of real estate in the Cities of
Norfolk, Richmond, Hopewell, Newport News, Petersburg, Fredericksburg, and
Hampton, all of the provisions of subsection A shall apply except (i) that the
percentage of taxes and liens, together, including penalty and accumulated
interest, and the percentage of taxes alone set forth in clause (iii) of
subsection A shall exceed 35 percent and 15 percent, respectively, of the
assessed value of the parcel or parcels or (ii) that the percentage of taxes
and liens, together, including penalty and accumulated interest, and the
percentage of taxes alone set forth in clause (iii) of subsection A shall
exceed 20 percent and 10 percent, respectively, of the assessed value of the
parcel or parcels, and each parcel has an assessed value of
$100,000 $150,000
or less, provided that under this clause the property is not an occupied
dwelling, and the locality enters into an agreement for sale of the parcel to a
nonprofit organization to renovate or construct a single-family dwelling on the
parcel for sale to a person or persons to reside in the dwelling whose income
is below the area median income.