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2003 SESSION
036719778Be 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.
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 $20,000 or less, and (iii) such taxes and
liens, together, including penalty and accumulated interest, exceed fifty 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.