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§ 58.1-3970
<br />
<br />CODE OF VIRGINIA
<br />
<br />§ 58.1-3971
<br />
<br />necessary for the purpose of instituting such suit and such fees and commis-
<br />sions, .including fees for preparing and ,executing deeds, as would be allowed if
<br />the stat were an ordinary lien creditor s suit. When the special commissioner
<br />is other than the attorney employed by the county, city or town the court may
<br />allow him reasonable fees for selling the land and executing the deed, payable
<br />out of the proceeds of sale. ,
<br /> In any case in which the attorney representing the county, city or town and
<br />the governing body thereof have failed to reach an agreement as to a salary or
<br />commission or other basis as compensation for the services of such attorney,
<br />the court in which any proceedings are brought under this article may allow
<br />from the proceeds of the sale of any such real estate such fee as the court shall
<br />deem reasonable and proper to the attorney representing any such county, city
<br />or town in such proceeding. (Code 1950, § 58~1117.5; 1973, c. 467; 1984 c. 675
<br />1997 c. 724; 1999 c. 674.)
<br />
<br /> The 1999 amendment added the third sen-
<br />tence in (he first paragraph.
<br />
<br /> § 58.1-3970. County, city, etc., may be purchaser. -- The county, city or
<br />town may be a purchaser at any sale held under this article or under any other
<br />provision of law for the enforcement of tax liens. (Code 1950, § 58q117.6;
<br />1973, c. 467; 1984, c. 675.)
<br />
<br /> § 58.1-3970.1. Appointment of special commissioner to execute title
<br />to certain real estate with delinquent taxes or liens to localities. -- In
<br />any proceedings under this article for the sale of a parcel or parcels of real
<br />estate which meet all of the foll6wing: (i) each parcel has delinquent real estate
<br />taxes or the locality has a lien against the parcel for removal, repair or
<br />securing of a building or structure; removal of trash, garbage, refuse, litter; or
<br />the cutting of grass, weeds or other foreign growth, (ii) each parcel has an
<br />assessed value of $20,000 or less, and (iii) such taxes and liens, together,
<br />including penalty and accumulated interest, exceed fifty percent of the
<br />assessed value of the parcel, the locality may petition the circuit court to
<br />appoint a special commissioner to execute the necessary deed or deeds to
<br />convey the real estate to the locality in lieu of the sale at public auction. After
<br />notice as required by this article, service of process, and upon answer fried by
<br />the owner or other parties in interest to the bill in equity, the court shall allow
<br />the parties to present evidence and arguments, ore tenus, prior to the
<br />aasPP~o_i~n~t~,en_t~ ~o?he ~specoi~l commi~ssioner. An, y surplusage accruing to a locality
<br />~ ~ ~¥? o,~ ~,e sa,~e oiom. e p. arce~or pa?ms after the receipt of the deed shall
<br />oe payame ~o me oenenc~anes m any liens against the property and to the
<br />former owner, his heirs or assigns in accordance with § 58.1-3967. No
<br />deficiency shall be charged against the owner a~er conveyance to the locality.
<br />(1999, c. 869.)
<br />
<br /> §~ 58~,1-3971. Prop, erty improp_erly placed on delinquent land books.
<br />-- ~. xne attorney snail periodically report to the governing body employing
<br />him every parcel of real estate which he ascertains to be improperly placed on
<br />the delinquent land books and the governing body, upon satisfying itself of the
<br />correctness of the report, or correcting it to conform to the facts, shall certify
<br />the information to the treasurer who shall mark his delinquent land book
<br />accordingly.
<br /> B. If any parcel which is improperly placed on the delinquent land books is
<br />sold under the provisions of this article, the purchaser shall be entitled to a
<br />re.fro?, d of the entire amount he paid for such parcel. The governing body shall
<br />reimburse the court or the appropriate party for costs and fees allowed out of
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