H. B. 3219
(By Delegate Campbell)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections twenty-five and fifty-eight,
article three, chapter eleven-a of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, all relating
to redacting certain inadvertent language errors.
Be it enacted by the Legislature of West Virginia:
That sections twenty-five and fifty-eight, article three,
chapter eleven-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 3. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
§11A-3-25. Distribution of surplus to purchaser.
(a) Where the land has been redeemed in the manner set forth
in section twenty-three of this article, and the clerk has
delivered the redemption money to the sheriff pursuant to section
twenty-four of this article, the sheriff shall, upon delivery of the sum necessary to redeem, promptly notify the purchaser, his or
her heirs or assigns, by mail, of the fact of the redemption and
pay to the purchaser, his or her heirs or assigns the following
amounts: (1) From the sale of tax lien surplus fund provided by
section ten of this article: (A) The surplus of money paid in
excess of the amount of the taxes, interest and charges due and
paid to the sheriff at the sale; and (B) the amount of taxes,
interest and charges due on the date of the sale, plus the interest
at the rate of one percent per month from the date of sale to the
date of redemption; (2) all other taxes on the land which have
since been paid by the purchaser, his or her heirs or assigns, with
interest at the rate of one percent per month from the date of
payment to the date of redemption; (3) any additional expenses that
may have been incurred from the first day of January of the year
following the sheriff's sale to the date of redemption in preparing
the list of those to be served with notice to redeem and any title
examination performed in accordance with section nineteen of this
article with interest at the rate of one percent per month from the
date of payment, but the amount which shall be paid, excluding the
interest, for the expenses incurred for the preparation of the list
of those to be served with notice to redeem required by section
nineteen of this article, and any title examination shall not
exceed two hundred dollars; and (4) all additional statutory costs
paid by the purchaser.
(b) (1) The notice shall include:
(A) A copy of the redemption certificate issued by the county
clerk;
(B) An itemized statement of the redemption money to which the
purchaser is entitled pursuant to the provisions of this section;
and
(C) Where, at the time of the redemption, the clerk has not
received from the purchaser satisfactory proof of the expenses
incurred in preparing the list of those to be served with notice to
redeem and any title examination performed in accordance with
section nineteen of this article, the clerk shall also include
instructions to the purchaser as to how these expenses may be
claimed.
(2) Subject to the limitations of this section, the purchaser
is entitled to recover any expenses incurred in preparing the list
of those to be served with notice to redeem and any title
examination incident thereto from the first day of January of the
year following the sheriff's sale to the date of the sale to the
date of the redemption.
(c) Where, pursuant to section twenty-three of this article,
the clerk has not received from the purchaser satisfactory proof of
the expenses incurred in preparing the list of those to be served
with notice to redeem, and any title examination incident thereto,
in the form of receipts or other evidence and therefore received from the
purchaser person redeeming as required by that section and
delivered to the sheriff the sum of two hundred dollars plus
interest at the rate of one percent per month from the first day of
January of the year following the sheriff's sale to the date of the
sale to the date of redemption, and the sheriff has not received
from the purchaser satisfactory proof of the expenses within thirty
days from the date of notification, the sheriff shall refund the
amount to the person redeeming and the purchaser is barred from any
claim. Where, pursuant to that section, the clerk has received
from the
purchaser person redeeming and therefore delivered to the
sheriff the sum of two hundred dollars plus interest at the rate of
one percent per month from the first day of January of the year
following the sheriff's sale to the date of the sale to the date of
redemption, and the purchaser provides the sheriff within thirty
days from the date of notification satisfactory proof of the
expenses, and the amount of the expenses is less than the amount
paid by the person redeeming, the sheriff shall refund the
difference to the person redeeming.
§11A-3-58. Distribution to purchaser.
(a) Where the land has been redeemed in the manner set forth
in section fifty-six of this article, and the deputy commissioner
has delivered the redemption money to the sheriff pursuant to
section fifty-seven of this article, the sheriff shall, upon
delivery of the sum necessary to redeem, promptly notify the purchaser, his heirs or assigns, by mail, of the redemption and pay
to the purchaser, his heirs or assigns, the following amounts: (1)
The amount paid to the deputy commissioner at the sale; (2) all
other taxes thereon, which have since been paid by the purchaser,
his heirs or assigns, with interest at the rate of one percent per
month from the date of payment; (3) such additional expenses as may
have been incurred in preparing the list of those to be served with
notice to redeem, and any title examination incident thereto, with
interest at the rate of one percent per month from the date of
payment, but the amount which shall be paid, excluding said
interest, for such expenses incurred for the preparation of the
list of those to be served with notice to redeem required by
section fifty-two of this article, and any title examination
incident thereto, shall not exceed two hundred dollars; and (4) all
additional statutory costs paid by the purchaser.
(b) (1) The notice shall include:
(A) A copy of the redemption certificate issued by the deputy
commissioner;
(B) An itemized statement of the redemption money to which the
purchaser is entitled pursuant to the provisions of this section;
and
(C) Where, at the time of the redemption, the deputy
commissioner has not received from the purchaser satisfactory proof
of the expenses incurred in preparing the list of those to be served with notice to redeem and any title examination incident
thereto, the deputy commissioner shall also include instructions to
the purchaser as to how these expenses may be claimed.
(2) Subject to the limitations of this section, the purchaser
is entitled to recover any expenses incurred in preparing the list
of those to be served with notice to redeem and any title
examination incident thereto from the date of the sale to the date
of the redemption.
(c) Where, pursuant to section fifty-six of this article, the
deputy commissioner has not received from the purchaser
satisfactory proof of the expenses incurred in preparing the notice
to redeem, and any title examination incident thereto, in the form
of receipts or other evidence thereof, and therefore received from
the
purchaser person redeeming as required by said section and
delivered to the sheriff the sum of two hundred dollars plus
interest thereon at the rate of one percent per month from the date
of the sale to the date of redemption, and the sheriff has not
received from the purchaser such satisfactory proof of such
expenses within thirty days from the date of notification, the
sheriff shall refund such amount to the person redeeming and the
purchaser is barred from any claim thereto. Where, pursuant to
section fifty-six of this article, the deputy commissioner has
received from the
purchaser person redeeming and therefore
delivered to the sheriff said sum of two hundred dollars plus interest thereon at the rate of one percent per month from the date
of the sale to the date of redemption, and the purchaser provides
the sheriff within thirty days from the date of notification such
satisfactory proof of such expenses, and the amount of such
expenses is less than the amount paid by the person redeeming, the
sheriff shall refund the difference to the person redeeming.
NOTE: The purpose of this bill is to correct language errors
in the text of the two sections.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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