CHAPTER 167

FORMERLY

HOUSE BILL NO. 423

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND VOLUME 28, LAWS OF DELAWARE, CHAPTER 119 AND VOLUME 36, LAWS OF DELAWARE, CHAPTER 143, AS AMENDED, RELATING TO THE COLLECTION OF TAXES FOR THE CITY OF WILMINGTON.

WHEREAS, purchase, repair, or improvement of properties sold at tax sale is now discouraged because of the right of owners and other interested persons to redeem the properties within one year of the sale.

NOW, THEREFORE :

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of the Members of each House concurring therein):

Section 1. Amend Volume 28, Laws of Delaware, Chapter 119 by striking Section 20 in its entirety, and substituting in lieu thereof a new Section 20 to read as follows:

Section 20. The owner of any property sold upon an execution issued upon a tax judgment, or his legal representatives, or, if the owner or his legal representatives do not, any person having any interest in said property or lien upon such property, may redeem the property at any time within sixty (60) days from the day the sale is approved by the Court by paying to the purchaser or his legal representative the amount of the purchase price, the cost of any repairs that the purchaser may be required to make by the City of Wilmington, and 20 percent in addition to the purchase price and the cost of repairs, together with all costs incurred in the proceedings, or if the purchaser or his legal representatives, successors, or assigns shall refuse to receive the same, or do not reside or cannot be found within the City of Wilmington, by paying the amount into the Court for the use of the purchaser or his legal representatives, successors, or assigns. The Court upon the filing of a petition by the owner of said property or real estate or his legal representative, within sixty (60) days after the sale is approved by the Court, may for good cause extend the time within which the property may be redeemed.

Section 2. Amend Section 3 of Volume 36, Laws of Delaware, Chapter 143, as amended by Volume 55, Laws of Delaware; Chapter 9, by striking the first paragraph, and substituting in lieu thereof a new first paragraph to read as follows:

Section 3. The owner of any such real estate sold under the provisions of this Act or his legal representatives may redeem the same at any time within sixty (60) days from the day the sale thereof is approved by the Court, by paying to the purchaser or his legal representatives, successors, or assigns, the amount of the purchase price, the cost of any repairs that the purchaser may be required to make by the City of Wilmington, and 20 percent in addition to the purchase price and costs of repairs, together with all costs incurred in the proceeding, or if the purchaser or his legal representatives, successors, or assigns shall refuse to receive the same, or do not reside or cannot be found within the City of Wilmington, by paying the amount into the Court for the use of the purchaser or his legal representatives, successors, or assigns. The Court upon the filing of a petition by the owner of said property or real estate or his legal representative, within sixty (60) days after the sale is approved by the Court, may for good cause extend the time within which the property may be redeemed.

Section 3. This Act will govern all tax bills that are approved by the Court after its effective date. Any property sold at a tax sale that is approved by the Court before the effective date of this Act may not be redeemed after sixty days of the effective date of this Act.