SB1478: Judicial sale of real estate; authorizes locality to institute proceedings to sell certain property.


SENATE BILL NO. 1478
Senate Amendments in [ ] -- February 4, 2011
A BILL to amend the Code of Virginia by adding a section numbered 58.1-3965.2, relating to the judicial sale of real estate for certain delinquent special taxes or special assessments.
Patron Prior to Engrossment--Senator Stosch

Referred to Committee on Finance

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 58.1-3965.2 as follows:

§ 58.1-3965.2. Additional authority to sell land for certain delinquent special taxes or special assessments.

In addition to the authority provided by subsection A of § 58.1-3965, a locality may provide, as part of any ordinance adopted pursuant to Article 6 (§ 15.2-5152 et seq.) of Chapter 51 of Title 15.2 (i) to create a community development authority or (ii) to levy special taxes or special assessments on real property within any district covered by the community development authority or on abutting property within the district, that proceedings be instituted to sell any such real property when any special tax or special assessment described under subdivision A 3 or A 5 of § 15.2-5158 imposed on the property is delinquent on the first anniversary of the date on which the tax or assessment became due.

No proceedings shall be instituted under this section to sell real property that is a single family residence if the owner of the property is the resident on such first anniversary date. No proceedings shall be instituted under this section to sell an individual  [  residential  ] unit in a multi-unit structure or building if the owner of the unit is the resident of the unit on such first anniversary date.

Proper notice in accordance with subsection A of § 58.1-3965 shall be required, and the sale shall be made in accordance with law and subject to all other applicable provisions of this article.

2.  That an emergency exists and this act is in force from its passage.

SENATE BILL NO. 1478
Offered January 21, 2011
A BILL to amend the Code of Virginia by adding a section numbered 58.1-3965.2, relating to the judicial sale of real estate for certain delinquent special taxes or special assessments.
Patron-- Stosch

Referred to Committee on Finance

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 58.1-3965.2 as follows:

§ 58.1-3965.2. Additional authority to sell land for certain delinquent special taxes or special assessments.

In addition to the authority provided by subsection A of § 58.1-3965, a locality may provide, as part of any ordinance adopted pursuant to Article 6 (§ 15.2-5152 et seq.) of Chapter 51 of Title 15.2 (i) to create a community development authority or (ii) to levy special taxes or special assessments on real property within any district covered by the community development authority or on abutting property within the district, that proceedings be instituted to sell any such real property when any special tax or special assessment described under subdivision A 3 or A 5 of § 15.2-5158 imposed on the property is delinquent on the first anniversary of the date on which the tax or assessment became due.

No proceedings shall be instituted under this section to sell real property that is a single family residence if the owner of the property is the resident on such first anniversary date. No proceedings shall be instituted under this section to sell an individual unit in a multi-unit structure or building if the owner of the unit is the resident of the unit on such first anniversary date.

Proper notice in accordance with subsection A of § 58.1-3965 shall be required, and the sale shall be made in accordance with law and subject to all other applicable provisions of this article.

2.  That an emergency exists and this act is in force from its passage.