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1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 55-168, 55-170.1, 55-171, 55-172, 55-173, 55-184.1, and 55-190 of the Code of Virginia are amended and reenacted as follows:
§ 55-168. Appointment of escheators.
The Governor shall appoint one escheator for every city and for every
county judicial circuit as set forth in § 17-119.1:1, to serve
at the pleasure of the Governor. Such escheator shall reside within a
circuit to which he is appointed.
§ 55-170.1. Definition.
As used in this chapter, unless the context otherwise requires:
"Evidence of abandonment" shall include, but not be limited to, the duration
of delinquency for real estate taxes or special assessments, unsuccessful
efforts by the commissioner of revenue or real estate assessor to communicate
with any person listed in his records as owner, and any other evidence which
may be relevant to indicate abandonment. Real property on which the treasurer
certifies that taxes or special assessments have not been paid for ten years
shall be presumed abandoned.
"Knowledge" in terms of a "known owner" shall include inspection of tax records and any other inquiry deemed to be reasonable. It need not include inspection of the premises or inspection of title records in the clerk's office in the county or city in which the land is located.
§ 55-171. Annual report to escheator; lands not liable.
Each treasurer shall, every May, furnish to the escheator of his county or city
a list of all lands within his district (i) of which any person shall
have has died seised of an estate of inheritance (i)
intestate and without any known heir, or (ii) to which no person
is known by the treasurer to be entitled, or (iii) which appear to have been
abandoned testate without disposing of all property by will and without
leaving any surviving heir to inherit the property. No land shall be liable
to escheat which for fifteen years has been held under adverse possession as at
common law by the person claiming the same, or those under whom he holds, but
only if taxes were paid throughout that period by the claimant or those under
whom he holds.
§ 55-172. Escheator to hold inquest; notice thereof.
On receiving such list, or upon information from any person, in writing and under oath, that any of the conditions described in § 55-171 exists, the escheator shall proceed to hold his inquest to determine whether any land mentioned has escheated to the Commonwealth. He shall give notice of the time of taking such inquest, by advertisement, at the front door of the courthouse, for thirty days, and in a newspaper of general circulation within the county or city once, not more than thirty nor less than seven days, prior to the inquest. Notice shall also be mailed to the last owner of record, if any, as it appears in the tax records of the local treasurer. The escheator shall send a copy of the newspaper advertisement to the State Treasurer prior to the date of inquest. The inquest shall be held the same calendar year as the list or information is received by the escheator. The attorney for the Commonwealth shall act as attorney for this proceeding.
§ 55-173. Jury of inquest, how summoned, etc.; evidence, how given.
For this inquest there shall be summoned and returned by the sheriff of the
county or sergeant of the city ten qualified jurors, of whom at least seven
shall be impaneled as a jury. They shall meet at the courthouse and sit in
public and may be adjourned by the escheator from day to day. Every person
competent to testify as a witness shall be required to give evidence openly in
the presence of the jurors. The jury shall consider evidence of abandonment
as defined in § 55-170.1.
§ 55-184.1. Order of sale by Governor.
Not less than twelve six months after the publication of the
escheator's certificate, the State Treasurer shall lay before the Governor the
escheator's certificate, and proof of publication, and, if claim has not been
made as aforesaid, or, if made, has been decided in favor of the Commonwealth,
the Governor shall order the escheated land to be sold upon such terms, at such
time, and at such place within the county or city wherein the lands lie as he
may think proper. The order of sale shall be delivered to the State Treasurer,
to be transmitted to the escheator, who shall proceed to sell according to such
order.
§ 55-190. Reports by State Treasurer to the Governor; penalty on escheators for failure of duty.
The State Treasurer shall, every May 1, file a report with the Governor
containing the name of any escheator who fails to perform any duty required of
him by this chapter. If any escheator fail fails to report
to and account with the State Treasurer, or fail fails to pay
into the state treasury the proceeds of any sale made by him, or any such rents
and profits, in the manner and within the time prescribed by law, he shall be
fined not exceeding no more than $200 for every sixty days such
failure shall continue continues. And If any escheator
fail fails to perform any other duty required of him by this
chapter, for the failure of which no specific penalty is provided, he shall be
fined therefor not exceeding no more than fifty dollars. And
Any action or motion for any fine under this chapter may be instituted or
made, at the discretion of the State Treasurer, or of the Attorney General, in
the Circuit Court of the City of Richmond, after fifteen days' notice, in the
case of such motion.
2. That an emergency exists and this act is in force from its passage.