TITLE 44
Taxation

CHAPTER 44-9
Tax Sales

SECTION 44-9-25.3


§ 44-9-25.3. Expedited foreclosure of the rights of redemption on account of vacancy.

(a) Notwithstanding the provisions of §§ 44-9-25 and 44-9-25.1 following a sale of property for taxes or fees, whomever then holds the title thereby acquired may bring a petition to the superior court for the foreclosure of all rights of redemption after the passage of sixty (60) days from the date of recording of the tax sale deed upon a finding by the superior court that the structure(s) thereon are vacant and either vandalized and/or in a non-code compliant condition. A certificate from the local building official attesting to the vacant and vandalized and/or non-code compliant condition of the structure(s) shall be prima facie evidence of the condition, but additional evidence may be presented to the court to affirm the conditions alleged in the petition. A municipality, by and through its building official, may choose to issue a certificate as referenced in this section, however, neither a municipality nor its building official are obligated under this section to issue said certificate. The issuance of said certificate is discretionary and not mandatory.

(b) In the event that a petition to foreclose the right of redemption is filed under the provisions of this section, notice of the filing of the petition shall be given to the taxing authority that conducted the sale by in person service, upon the taxing authority's collector, thereby ending the period during which the taxpayer may redeem through the taxing authority.

(c) A petitioner who has utilized this expedited foreclosure process shall commence, or cause to be commenced, substantial rehabilitation of the structure(s) on the parcel within six (6) months following the entry of the final foreclosure decree or be immediately subject to the non-utilization penalty set forth in chapter 5.1 of title 44.

History of Section.
(P.L. 2018, ch. 351, § 2.)