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2011 SESSION
11104606DBe 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 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 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, ] and Petersburg, all of the provisions of subsection A shall apply except 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.