Penalties for improperly conducting a tax and public sewer system user fee auction

Checkout our iOS App for a better way to browser and research.

  • (a) If the Lieutenant Governor or any person acting on his behalf—

    • (1) sells or assists in selling any real property—

      • (A) knowing it to be exempt from attachment; or

      • (B) knowing that the taxes for which it is sold have been paid; or

    • (2) knowingly and willfully sells or assists in selling any real or personal property for taxes to defraud the owner thereof; or

    • (3) in any manner restrains bidders; or

    • (4) knowingly or willfully issues a certificate of purchase of real or personal property so sold—

      then the Lieutenant Governor or such person shall pay the injured party all damages sustained thereby, and all such sales shall be void.
  • (b) Any person who knowingly and willfully violates subsection (a), commits a felony.

  • (c)

    • (1) For purposes of this subsection ‘“Manipulation” means to knowingly, willfully, skillfully, or in a controlling manner falsify, conceal, or cover up by trick, scheme, or device a material fact;

    • (2) to make any false or fraudulent statement, illegitimate bid, or false representation in obtaining any real or personal property.

  • (d) Any person who participates in the manipulation of an auction conducted under this chapter to fraudulently restrict other potential bidders from making legitimate bids on any property offered at any auction under this chapter shall be imprisoned not more than three years and fined not more than $20,000, or both.

  • (e) Neither the Lieutenant Governor nor any other person may make any regulatory or procedural changes that have the result of limiting the rights and benefits that a property owner is entitled to under this chapter or having the result of violating the constitutional due process rights of the property owner, or defrauding the property owner, or defeating or restricting legitimated bidders or bids.


Download our app to see the most-to-date content.