Introduced Version
Senate Bill 451 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 451
(By Senators Bowman and Rowe)
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[Introduced February 5, 2004; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact
§11A-3-49
of the code of West Virginia,
1931, as amended, relating to authorizing municipalities to
purchase land at tax sales.
Be it enacted by the Legislature of West Virginia:
That
§11A-3-49
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-3-49. Purchase by owner or deputy commissioner or other
officers prohibited; municipalities free to
purchase; coowner free to purchase at sale.
(a) It shall be illegal for an owner, in whose name any real
estate was certified to the auditor or was subjected to the
authority of the auditor because of the nonentry thereof, or his or
her heirs or assigns, or his or her or their agent, to purchase such real estate at sale provided in section forty-five or
forty-eight of this article. No deputy commissioner, sheriff,
clerk of the county commission or circuit court, assessor, nor
deputy of any of them, shall directly or indirectly become the
purchaser, or be interested in the purchase of any real estate at
the sale, except that a municipality or a representative thereof,
may purchase real estate at sale provided in this article. Any
such person or officer so purchasing shall for each offense forfeit
one thousand dollars, to be collected as other forfeitures are
collected. The sale of any real estate, or the conveyance of such
any real estate by tax deed, to one of the persons or officers
named in this section shall be is voidable at the instance of any
person having the right to redeem until such the real estate
reaches the hands of a bona fide purchaser.
(b) Any coowner, except a coparcener, in the absence of
satisfactory proof of a fiduciary relationship, shall be is
entitled to purchase at the sale for his or her own account the
interest of any, or all, of his coowners in any real estate,
without being required to hold such interest or interests under a
constructive trust. There shall be is a prima facie presumption
against such a constructive trust.
NOTE: The purpose of this bill is to enable municipalities to
purchase land through tax sales.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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