58.1-3969 - Order of reference; appointment of special commissioner to make sale; costs; attorney fees.
§ 58.1-3969. Order of reference; appointment of special commissioner to makesale; costs; attorney fees.
The court shall have the option, for good cause shown, to refer the case to acommissioner in chancery for hearing and report, in which case, the order ofreference shall be to a commissioner in chancery or special master other thanthe attorney (or any attorney practicing in the same firm as the attorney)employed to subject the real estate to the lien of any taxes. Upon (i)receipt of proper service of process on all parties defendant, a written realestate title certificate and the written report of a licensed real estateappraiser where there is no dispute as to title or value, (ii) the receipt ofthe report of the commissioner in chancery, or (iii) where the assessor forthe locality files an affidavit with the court of value and the value isaverred to not exceed $100,000, the court may appoint a special commissionerto sell the properties and execute the necessary deeds when a sale is foundnecessary or advisable. The court may designate the attorney employed by thegoverning body of the locality to bring the suit. However, if the property isdeemed abandoned in accordance with § 58.1-3965, the court shall not berequired to refer the case to the commissioner in chancery.
The sale price achieved at a public auction shall be prima facie, butrebuttable, evidence of the value of the property for purposes of theapproval of the sale. If the attorney employed by the governing body of thelocality be appointed a special commissioner to sell the land and execute thedeed and he has already given the bond hereinabove mentioned, no additionalbond shall be required of him as special commissioner unless the courtregards the bond already given as insufficient in amount. No fee orcommission shall be allowed or paid to any attorney for acting under theorder of reference or as special commissioner, except as hereinafterprovided, and the compensation contracted to be paid any such attorney by thegoverning body, whether the employment was on a salary, commission or otherbasis, shall be in full for all services rendered by him. The court shallallow as part of the costs, to be paid into the treasury of the locality, areasonable sum to defray the cost of its attorneys and the expenses ofpublication and appraisal necessary for the purpose of instituting such suitand such fees and commissions, including fees for preparing and executingdeeds, as would be allowed if the suit were an ordinary lien creditor's suit.When the special commissioner is other than the attorney employed by thelocality the court may allow him reasonable fees for selling the land andexecuting the deed, payable out of the proceeds of sale.
In any case in which the attorney representing the locality and the governingbody thereof have failed to reach an agreement as to a salary or commissionor other basis as compensation for the services of such attorney, the courtin which any proceedings are brought under this article may allow from theproceeds of the sale of any such real estate such fee as the court shall deemreasonable and proper to the attorney representing any such locality in suchproceeding.
(Code 1950, § 58-1117.5; 1973, c. 467; 1984, c. 675; 1997, c. 724; 1999, c.674; 2005, c. 885; 2006, c. 333; 2009, cc. 181, 551.)