H. B. 2934
(By Delegate Hamilton)
[Introduced March 4, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §11A-3-24 of the Code of West Virginia,
1931, as amended, relating to clarifying language relating to
redemption of property.
Be it enacted by the Legislature of West Virginia:
That §11A-3-24 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-3-24. Notice of redemption to purchaser; moneys received by
sheriff.
(a) Upon
payment of the sum necessary to redeem, the clerk
redemption, the clerk shall require certified funds from the
redeemer and shall deliver to the sheriff the redemption money paid
and the name and address of the purchaser, his or her heirs and
assigns. The clerk shall also note the fact of redemption on his or her record of delinquent lands.
(b) Of the redemption money received by the sheriff pursuant
to this section, the sheriff shall deposit into the sale of tax
lien surplus fund provided by section ten of this article an amount
equal to 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, the amount of the
subsequent years taxes paid the day of or after the sheriff's sale,
plus interest at the rate of one percent per month thereon from the
date of payment to the date of redemption, the amount of any
additional expenses incurred after January 1 of the year following
the sheriff's sale for the preparation of the list of those to be
served with notice to redeem and any examination of title performed
and certified pursuant to the provisions of section nineteen of
this article, plus interest at a rate of one percent per month from
the date of payment to the date of redemption. In cases where the
clerk has not received from the purchaser satisfactory proof of
additional expenses incurred after January 1 of the year following
the sheriff's sale as provided in section twenty-three of this
article, the sheriff shall deposit the money received in the sale
of tax lien surplus fund provided by section ten of this article.
NOTE: The purpose of the bill is to clarify language relating
to redemption of property.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.