11 | | - | FOR the purpose of authorizing the governing body of a county or municipal corporation to |
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12 | | - | file a motion with a court to request that a certain certificate of sale be assigned to |
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13 | | - | the governing body of the county or municipal corporation in a certain foreclosure |
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14 | | - | action under certain circumstances; providing that, on a grant of the motion by the |
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15 | | - | court, the holder of the certificate of sale forfeits certain rights and the amount paid |
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16 | | - | to acquire the certificate of sale; authorizing a court, under certain circumstances, to |
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17 | | - | strike the final judgment in a tax sale action foreclosing the right of redemption in a |
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18 | | - | property and grant the governing body of a county or municipal corporation the right |
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19 | | - | to pay the balance of the purchase price due on the property; requiring a court to |
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20 | | - | direct a tax collector to execute a deed to the governing body of a county or municipal |
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21 | | - | corporation on payment by the governing body of the purchase price due on the |
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22 | | - | property; requiring the governing body of a county or municipal corporation to take |
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23 | | - | title to the property in a certain manner; authorizing a county or municipal |
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24 | | - | corporation to withhold a property from tax sale if the county or municipal |
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25 | | - | corporation intends to demolish a vacant and blighted building or structure on the |
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26 | | - | property; requiring the collector of taxes to deliver a certificate of sale to the |
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27 | | - | governing body of a county or municipal corporation for each property withheld from |
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28 | | - | sale by the county or municipal corporation under certain provisions of law; applying |
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29 | | - | certain provisions of this Act retroactively; and generally relating to tax sales. |
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| 20 | + | CHAPTER ______ |
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43 | | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, |
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44 | | - | That the Laws of Maryland read as follows: |
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| 26 | + | FOR the purpose of authorizing the governing body of a county or municipal corporation to 3 |
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| 27 | + | file a motion with a court to request that a certain certificate of sale be assigned to 4 |
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| 28 | + | the governing body of the county or municipal corporation in a certain foreclosure 5 |
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| 29 | + | action under certain circumstances; providing that, on a grant of the motion by the 6 |
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| 30 | + | court, the holder of the certificate of sale forfeits certain rights and the amount paid 7 |
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| 31 | + | to acquire the certificate of sale; authorizing a court, under certain circumstances, to 8 |
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| 32 | + | strike the final judgment in a tax sale action foreclosing the right of redemption in a 9 |
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| 33 | + | property and grant the governing body of a county or municipal corporation the right 10 |
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| 34 | + | to pay the balance of the purchase price due on the property; requiring a court to 11 |
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| 35 | + | direct a tax collector to execute a deed to the governing body of a county or municipal 12 |
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| 36 | + | corporation on payment by the governing body of the purchase price due on the 13 |
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| 37 | + | property; requiring the governing body of a county or municipal corporation to take 14 |
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| 38 | + | title to the property in a certain manner; authorizing a county or municipal 15 |
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| 39 | + | corporation to withhold a property from tax sale if the county or municipal 16 |
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| 40 | + | corporation intends to demolish a vacant and blighted building or structure on the 17 |
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| 41 | + | property; requiring the collector of taxes to deliver a certificate of sale to the 18 |
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| 42 | + | governing body of a county or municipal corporation for each property withheld from 19 |
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| 43 | + | sale by the county or municipal corporation under certain provisions of law; applying 20 |
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| 44 | + | certain provisions of this Act retroactively; and generally relating to tax sales. 21 |
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83 | | - | (a) (1) (I) Except as provided in paragraph (2) of this subsection, the |
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84 | | - | judgment of the court shall direct the collector to execute a deed to the holder of the |
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85 | | - | certificate of sale in fee simple or in leasehold, as appropriate, on payment to the collector |
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86 | | - | of the balance of the purchase price, due on account of the purchase price of the property, |
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87 | | - | together with all taxes and interest and penalties on the property that accrue after the date |
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88 | | - | of sale. |
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| 85 | + | (3) IF THE HOLDER OF THE CERTIFICATE OF SALE FAILS TO RESPOND 26 |
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| 86 | + | TO THE MOTION IN ACC ORDANCE WITH THE MARYLAND RULES, THE COURT SHALL 27 |
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| 87 | + | GRANT THE MOTION . 28 |
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108 | | - | (d) (1) If the holder of the certificate of sale does not comply with the terms of |
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109 | | - | the final judgment of the court within 90 days as to payments to the collector of the balance |
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110 | | - | of the purchase price due on account of the purchase price of the property and of all taxes, |
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111 | | - | interest, and penalties that accrue after the date of sale, that judgment may be stricken by |
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112 | | - | the court on the motion of an interested party for good cause shown. |
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| 100 | + | (a) (1) (I) Except as provided in paragraph (2) of this subsection, the 2 |
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| 101 | + | judgment of the court shall direct the collector to execute a deed to the holder of the 3 |
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| 102 | + | certificate of sale in fee simple or in leasehold, as appropriate, on payment to the collector 4 |
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| 103 | + | of the balance of the purchase price, due on account of the purchase price of the property, 5 |
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| 104 | + | together with all taxes and interest and penalties on the property that accrue after the date 6 |
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| 105 | + | of sale. 7 |
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118 | | - | (3) IF THE HOLDER OF THE CERTIF ICATE OF SALE DOES N OT COMPLY |
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119 | | - | WITH THE TERMS OF TH E FINAL JUDGMENT OF THE COURT WITHIN 90 105 DAYS AS |
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120 | | - | TO PAYMENTS TO THE C OLLECTOR OF THE BALA NCE OF THE PURCHASE PRICE DUE |
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121 | | - | ON ACCOUNT OF THE PU RCHASE PRICE OF THE PROPERTY AND OF ALL TAXES, |
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122 | | - | INTEREST, AND PENALTIES THAT A CCRUE AFTER THE DATE OF SALE, AND NO |
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123 | | - | MOTION HAS BEEN FILE D UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE COURT |
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124 | | - | MAY, ON MOTION OF THE GOV ERNING BODY OF THE C OUNTY OR MUNICIPAL |
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125 | | - | CORPORATION IN WHICH THE PROPERTY IS LOCA TED, FOR GOOD CAUSE SHOWN , |
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126 | | - | ENTER A JUDGMENT : |
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| 111 | + | (2) In Frederick County, if the collector is absent, the deed may be executed 11 |
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| 112 | + | by a deputy collector designated by the collector. 12 |
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130 | | - | (II) DIRECTING THE COLLEC TOR TO EXECUTE A DEE D |
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131 | | - | PREPARED BY THE GOVE RNING BODY OF THE CO UNTY OR MUNICIPAL CO RPORATION |
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132 | | - | IN FEE SIMPLE , ON PAYMENT TO THE CO LLECTOR OF THE BALANCE OF THE |
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133 | | - | PURCHASE PRICE DUE O N ACCOUNT OF THE PUR CHASE PRICE OF THE P ROPERTY |
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134 | | - | AND OF ALL TAXES , INTEREST, AND PENALTIES THAT A CCRUE AFTER THE DATE OF |
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135 | | - | SALE; AND |
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| 118 | + | (c) The clerk of the court in which the suit is instituted shall issue a certified copy 16 |
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| 119 | + | of the judgment of the court to the collector and supervisor and the collector is not obligated 17 |
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| 120 | + | to execute the deed provided for in this section until that certified copy of the judgment is 18 |
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| 121 | + | delivered to the collector. 19 |
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137 | | - | (III) VESTING TITLE TO THE PROPERTY IN THE GOVE RNING BODY |
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138 | | - | OF THE COUNTY OR MUN ICIPAL CORPORATION IN FE E SIMPLE, FREE AND CLEAR OF |
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139 | | - | ALL ALIENATIONS AND DESCENTS OF THE PROP ERTY OCCURRING BEFOR E THE |
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140 | | - | DATE OF THE FINAL JU DGMENT AND ENCUMBRAN CES ON THE PROPERTY , EXCEPT |
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141 | | - | ANY TAXES THAT ACCRU E AFTER THE DATE OF SALE AND EASEMENTS O F RECORD Ch. 79 2023 LAWS OF MARYLAND |
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| 123 | + | (d) (1) If the holder of the certificate of sale does not comply with the terms of 20 |
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| 124 | + | the final judgment of the court within 90 days as to payments to the collector of the balance 21 |
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| 125 | + | of the purchase price due on account of the purchase price of the property and of all taxes, 22 |
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| 126 | + | interest, and penalties that accrue after the date of sale, that judgment may be stricken by 23 |
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| 127 | + | the court on the motion of an interested party for good cause shown. 24 |
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147 | | - | (4) IF A HOLDER OF A CERT IFICATE OF SALE SUBM ITS A DEED UNDER |
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148 | | - | SUBSECTION (B) OF THIS SECTION FOR THE PROPERTY TO THE GOVERNING BODY OF |
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149 | | - | THE COUNTY O R MUNICIPAL CORPORAT ION BEFORE A JUDGMEN T UNDER |
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150 | | - | PARAGRAPH (1) OR (3) OF THIS SUBSECTION I S ENTERED, THE MOTION UNDER |
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151 | | - | PARAGRAPH (1) OR (3) OF THIS SUBSECTION S HALL BE DENIED AS MO OT. |
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| 133 | + | (3) IF THE HOLDER OF THE CERTIFICATE OF SALE DOES NOT COMPLY 28 |
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| 134 | + | WITH THE TERMS OF TH E FINAL JUDGMENT OF THE COURT WITHIN 90 105 DAYS AS 29 |
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| 135 | + | TO PAYMENTS TO THE C OLLECTOR OF THE BALA NCE OF THE PURCHASE PRICE DUE 30 |
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| 136 | + | ON ACCOUNT OF THE PU RCHASE PRICE OF THE PROPERTY AND OF ALL TAXES, 31 |
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| 137 | + | INTEREST, AND PENALTIES THAT A CCRUE AFTER THE DATE OF SALE, AND NO 32 |
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| 138 | + | MOTION HAS BEEN FILE D UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE COURT 33 |
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| 139 | + | MAY, ON MOTION OF THE GOV ERNING BODY OF THE C OUNTY OR MUNICIPAL 34 |
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| 140 | + | CORPORATION IN WHICH THE PROPERTY IS LOCA TED, FOR GOOD CAUSE SHOWN , 35 |
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| 141 | + | ENTER A JUDGMENT : 36 |
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160 | | - | (c) Except as provided in subsection (d) of this section, the governing body of a |
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161 | | - | county or municipal corporation may withhold from sale property that: |
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| 147 | + | (II) DIRECTING THE COLLE CTOR TO EXECUTE A DE ED 1 |
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| 148 | + | PREPARED BY THE GOVE RNING BODY OF THE CO UNTY OR MUNICIPAL CO RPORATION 2 |
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| 149 | + | IN FEE SIMPLE , ON PAYMENT TO THE CO LLECTOR OF THE BALAN CE OF THE 3 |
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| 150 | + | PURCHASE PRICE DUE O N ACCOUNT OF THE PUR CHASE PRICE OF THE P ROPERTY 4 |
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| 151 | + | AND OF ALL TAXES , INTEREST, AND PENALTIES THAT ACC RUE AFTER THE DATE O F 5 |
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| 152 | + | SALE; AND 6 |
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163 | | - | (1) HAS A VACANT BUILDIN G OR STRUCTURE THAT THE COUNTY OR |
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164 | | - | MUNICIPAL CORPORATIO N INTENDS TO DEMOLIS H BECAUSE THE BUILDI NG OR |
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165 | | - | STRUCTURE IS UNSAFE OR UNFIT FOR HABITAT ION; OR |
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| 154 | + | (III) VESTING TITLE TO THE PROPERTY IN THE GOVE RNING BODY 7 |
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| 155 | + | OF THE COUNTY OR MUN ICIPAL CORPORATION I N FEE SIMPLE, FREE AND CLEAR OF 8 |
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| 156 | + | ALL ALIENATIONS AND DESCENTS OF THE PROP ERTY OCCURRING BEFOR E THE 9 |
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| 157 | + | DATE OF THE FINAL JUDGMEN T AND ENCUMBRANCES O N THE PROPERTY , EXCEPT 10 |
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| 158 | + | ANY TAXES THAT ACCRU E AFTER THE DATE OF SALE AND EASEMENTS O F RECORD 11 |
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| 159 | + | AND ANY OTHER EASEME NT THAT MAY BE OBSER VED BY AN INSPECTION OF THE 12 |
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| 160 | + | PROPERTY TO WHICH TH E PROPERTY IS SUBJEC T. 13 |
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207 | | - | Approved by the Governor, April 11, 2023. |
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| 196 | + | [(2)] (II) the governing body of the county or municipal corporation finds 2 |
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| 197 | + | that withholding the property from sale under this subsection is necessary: 3 |
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| 198 | + | |
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| 199 | + | [(i)] 1. to eliminate a blighting influence; and 4 |
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| 200 | + | |
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| 201 | + | [(ii)] 2. to prevent the tax abandonment of the property; and 5 |
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| 202 | + | |
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| 203 | + | [(3)] (III) the property meets any additional objective criteria established 6 |
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| 204 | + | by the governing body of the county or municipal corporation for withholding property from 7 |
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| 205 | + | sale for redevelopment purposes. 8 |
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| 206 | + | |
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| 207 | + | 14–820.1. 9 |
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| 208 | + | |
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| 209 | + | THE COLLECTOR SHALL D ELIVER A CERTIFICATE OF SALE TO THE 10 |
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| 210 | + | GOVERNING BODY OF A COUNTY OR MUNICIPAL CORPORATION FOR EACH PROPERTY 11 |
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| 211 | + | WITHHELD FROM SALE B Y THE GOVERNING BODY OF THE COUNTY OR MUN ICIPAL 12 |
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| 212 | + | CORPORATION UNDER § 14–811(C) OF THIS SUBTITLE. 13 |
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| 213 | + | |
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| 214 | + | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall be 14 |
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| 215 | + | construed to apply retroactively and shall be applied to and interpreted to affect tax sale 15 |
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| 216 | + | actions foreclosing the right of redemption in properties that are pending on enactment of 16 |
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| 217 | + | this Act. 17 |
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| 218 | + | |
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| 219 | + | SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 18 |
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| 220 | + | 1, 2023. 19 |
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| 221 | + | |
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| 222 | + | |
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| 223 | + | |
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| 224 | + | |
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| 225 | + | Approved: |
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| 226 | + | ________________________________________________________________________________ |
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| 227 | + | Governor. |
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| 228 | + | ________________________________________________________________________________ |
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| 229 | + | Speaker of the House of Delegates. |
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| 230 | + | ________________________________________________________________________________ |
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| 231 | + | President of the Senate. |
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