H. B. 2926


(By Delegates Manuel, Pethtel and Faircloth )

[Introduced March 20, 2001; referred to the
Committee on the Judiciary then Finance.]





A BILL to amend and reenact sections three, four and six, article four, chapter eleven-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to requiring the sheriff to pay the purchaser the amount of their bid together with any taxes, which had been paid on the property since delivery of the deed in situations where there is a right to set aside the deed or redemption by persons under disability.

Be it enacted by the Legislature of West Virginia:
That sections three, four and six, article four, chapter eleven-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.

ARTICLE 4. REMEDIES RELATING TO TAX SALES.
§11A-4-3. Right to set aside deed improperly obtained.
(a) Whenever the clerk of the county commission has delivered a deed to the purchaser after the time specified in section twenty-seven of article three of this chapter, or, within that time, has delivered a deed to a purchaser who was not entitled thereto either because of his or her failure to meet the requirements of section nineteen of said article three, or because the property conveyed had been redeemed, the owner of such property, his or her heirs and assigns, or the person who redeemed the property, may, before the expiration of three years following the delivery of the deed, institute a civil action to set aside the deed. No deed shall be set aside under the provisions of this section, except in the case of redemption, until payment has been made or tendered to the purchaser, or his heirs or assigns sheriff, of the amount which would have been required for redemption, together with any taxes which have been paid on the property since delivery of the deed, with interest at the rate of twelve percent per annum a year. The sheriff shall pay the purchaser the amount of their bid together with and taxes, which have been paid on the property since delivery of the deed with interest at the rate of twelve percent a year.
(b) Whenever the deputy commissioner has delivered a deed to the purchaser after the time specified in section fifty-nine of article three of this chapter, or, within that time, has delivered a deed to a purchaser who was not entitled thereto either because of his or her failure to meet the requirements of section fifty-two of said article three, or because the property conveyed had been redeemed, the owner of such property, his or her heirs and assigns, or the person who redeemed the property, may, before the expiration of three years following the delivery of the deed, institute a civil action to set aside the deed. No deed shall is to be set aside under the provisions of this section, except in the case of redemption, until payment has been made or tendered to the purchaser, or his heirs or assigns sheriff, of the amount which would have been required for redemption, together with any taxes which have been paid on the property since delivery of the deed, with interest at the rate of twelve percent per annum a year. The sheriff shall pay the purchaser the amount of their bid together with and taxes, which have been paid on the property since delivery of the deed with interest at the rate of twelve percent a year.
§11A-4-4. Right to set aside deed when one entitled to notice not notified.

(a) If any person entitled to be notified under the provisions of section twenty-two or fifty-five, article three of this chapter is not served with the notice as therein required, and does not have actual knowledge that such the notice has been given to others in time to protect his or her interests by redeeming the property, he or she, his or her heirs and assigns, may, before the expiration of three years following the delivery of the deed, institute a civil action to set aside the deed. No deed shall is to be set aside under the provisions of this section until payment has been made or tendered to the purchaser, or his heirs or assigns sheriff , of the amount which would have been required for redemption, together with any taxes which have been paid on the property since delivery of the deed, with interest at the rate of twelve percent per annum a year. The sheriff shall pay the purchaser the amount of their bid together with and taxes, which have been paid on the property since delivery of the deed with interest at the rate of twelve percent a year.
(b) No title acquired pursuant to this article shall is to be set aside in the absence of a showing by clear and convincing evidence that the person who originally acquired such title failed to exercise reasonably diligent efforts to provide notice of his or her intention to acquire such title to the complaining party or his or her predecessors in title.
(c) Upon a preliminary finding by the court that the deed will be set aside pursuant to this section, such the amounts shall are to be paid within one month of the entry thereof. Upon the failure to pay the same within said the period of time, the court shall upon the request of the purchaser, enter judgment dismissing the action with prejudice.
§11A-4-6. Redemption by persons under disability from purchase by individual.

In addition to and notwithstanding any other provisions of this article, any infant or mentally incapacitated person whose real estate was, during such the disability, conveyed by tax deed pursuant to this chapter to an individual purchaser, may redeem such the real estate by paying to the purchaser, or his heirs or assigns sheriff , before the expiration of one year after removal of the disability, but in no event more than twenty years after the deed was obtained, the amount of the purchase money, together with the necessary charges incurred in obtaining the deed, and any taxes paid on the property since the sale, with interest on such the items at the rate of twelve percent per annum a year from the date each was paid. The sheriff shall pay the purchaser the amount of their bid together with and taxes, which have been paid on the property since delivery of the deed with interest at the rate of twelve percent a year.
If such the person was the owner of an undivided interest in the real estate sold, he or she may redeem such the interest by paying that proportion of the purchase money, charges, taxes and interest chargeable to his or her interest; but after a deed has been delivered to the purchaser, he or she shall not have the right to redeem more than his or her own undivided interest. If improvements have been made on such real estate after the deed was obtained and before the offer to redeem as herein provided, the person redeeming shall pay to the purchaser, or his or her heirs or assigns, the value of the improvements at the time of such the offer, after deducting therefrom the value of the use of such the real estate without the improvements, from the date of the deed to the date of the offer. Upon payment or tender of payment, the purchaser, his or her heirs or assigns, shall, at the expense of the person redeeming, convey to him or her by quitclaim deed the real estate so redeemed.
One entitled to redeem under the provisions of this section may, if he or she is unable or is not willing to pay for the improvements made by the purchaser, elect to relinquish his or her interest in the property. If he or she so elects, he or she shall be entitled to an amount equal to the estimated present value of the land without the improvements less what he or she would have had to pay to redeem the land had no improvements been made. Upon payment to him or her of such amount, he or she shall by quitclaim deed convey the land to the purchaser, his or her heirs or assigns.
If in any case provided for in this section the parties cannot agree on the amount to be paid, any of them may upon ten days' notice in writing to the other, or others, apply by petition, to the circuit court of the county in which the real estate is situated to have the matter referred to a commissioner to ascertain the proper amount to be paid. Upon confirmation by the court or judge of the report of the commissioner, and upon payment or tender of the amount, if any, so ascertained to be due, the person to whom payment or tender was made, shall execute the quitclaim deed as provided above. In the event of his or her refusal to do so, the court, or judge, may appoint a commissioner to execute the deed.
If there is a refusal to execute the deed in any case in which there was no dispute as to the amount necessary for redemption, the person entitled to the deed may, upon ten days' notice in writing to the other party or parties, apply by petition to the circuit court for the appointment of a commissioner to execute the deed.
NOTE: The purpose of this bill is to require the sheriff to pay the purchaser the amount of their bid together with any taxes, which had been paid on the property since delivery of the deed in situations where there is a right to set aside the deed or redemption by persons under disability.


§11A-6-3, §11A-6-4 and §11A-6-6 are being amended and reenacted. Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.