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.