Introduced Version
House Bill 2038 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2038
(By Delegate Howell)
[Introduced February 13, 2013; referred to the
Committee on Finance.]
A BILL to amend and reenact §11A-3-22 of the Code of West Virginia,
1931, as amended, relating to service of a notice to redeem to
the delinquent taxpayer after a property has been sold for
delinquent taxes.
Be in enacted by the Legislature of Est Virginia,
That §11A-3-22 of the Code of West Virginia, 1931, 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-3-22. Service of notice.
(a) As soon as the State Auditor has prepared the notice
provided in section twenty-one of this article, he or she shall
cause it to be served upon all persons named on the list generated
by the purchaser pursuant to the provisions of section nineteen of this article.
(b) The notice shall be served upon all persons residing or
found in the state in the manner provided for serving process
commencing a civil action or by certified mail, return receipt
requested. The notice shall be served on or before the thirtieth
day following the request for the notice.
(c) If any a person entitled to notice is a nonresident of
this state whose address is known to the purchaser, he or she shall
be served at that address by certified mail, return receipt
requested.
(d) If the address of any a person entitled to notice, whether
a resident or nonresident of this state, is unknown to the
purchaser and cannot be discovered by due diligence on the part of
the purchaser, the notice shall be served by publication as a Class
III-0 legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code and the publication
area for the publication shall be is the county in which the real
estate is located. If service by publication is necessary,
publication shall be commenced when personal service is required as
set forth in this section and a copy of the notice shall, at the
same time, be sent by certified mail, return receipt requested, to
the last known address of the person to be served. The return of
service of the notice and the affidavit of publication, if any,
shall be in the manner provided for process generally and shall be filed and preserved by the State Auditor in his or her office,
together with any return receipts for notices sent by certified
mail.
In addition to the other notice requirements set forth in this
section, if the real property subject to the tax lien was
classified as Class II property at the time of the assessment, then
at the same time the State Auditor issues the required notices by
certified mail, the State Auditor shall forward a copy of the
notice sent to the delinquent taxpayer by first class mail,
addressed to "Occupant", to the physical mailing address for the
subject property. The physical mailing address for the subject
property shall be supplied by the purchaser of the tax lien
pursuant to the provisions of section nineteen of this article.
NOTE: The purpose of this bill is to clarify the notice and
service requirements for a notice to redeem to be provided to the
delinquent taxpayer at the mailing address for the subject property
after a property has been sold for delinquent taxes.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.