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1996 SESSION
964803112Be it enacted by the General Assembly of Virginia:
1. That §§ 55-168, 55-170.1, 55-171, 55-172, 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.
§ 55-184.1. 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 by him of 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
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 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.