HB 5197
Relating to Civil Action to Set Aside a Tax Deed
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes the timeframe for challenging a tax deed in West Virginia. Currently, individuals who were not properly notified of a tax sale have two years to file a lawsuit to have the deed set aside. This bill reduces that timeframe to one year, specifically for actions against state and local governments and their subdivisions. The bill also requires a tender of funds to redeem the property as a condition for proceeding with the lawsuit and outlines procedures for handling deposited funds and judgments.
Key provisions
- Reduces the time limit to file a lawsuit to set aside a tax deed from two years to one year.
- Requires a tender of funds to redeem the property as a condition for proceeding with the lawsuit.
- Establishes a process for depositing and distributing funds related to the lawsuit.
- Specifies a 12% annual interest rate on taxes paid since delivery of the deed.
- Requires a showing of ‘reasonably diligent efforts’ to provide notice to the complaining party.
- Defenses available to purchasers include failure of notice and failure to provide notice of intent to acquire title.
- Sets forth procedures for the sheriff to pay amounts to the purchaser.
- Clarifies that the shortened time limit applies only to claims against state and local governments.
Who is affected
- Tax Deed Buyers
- Property Owners
- State and Local Governments
- West Virginia Residents
- Real Estate Purchasers
Notable changes
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