ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2830
(By Delegates Manuel, Pethtel and Faircloth)
[Passed April 12, 2001; in effect ninety days from passage.]
AN ACT to amend and reenact section fifty-three, article three,
chapter eleven-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the refund
rights of a purchaser where the property is nonexistent.
Be it enacted by the Legislature of West Virginia:
That section fifty-three, article three, 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:
ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE
AND UNAPPROPRIATED LANDS.
§11A-3-53. Refund to purchaser of payment made at deputy
commissioner's sale where property is nonexistent.
If, within forty-five days following the approval of the sale
by the auditor, the purchaser discovers that the property purchased at the sale is nonexistent, the purchaser shall submit the abstract
or certificate of an attorney-at-law that the property is
nonexistent. Upon receipt of the abstract or certificate, the
deputy commissioner shall cause the moneys so paid to be refunded.
Upon refund of the amount bid at a deputy commissioner's sale, the
deputy commissioner shall inform the assessor that the property
does not exist for the purpose of having the assessor correct the
error. For failure to meet this requirement, the purchaser shall
lose all benefits of his purchase.
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