2021 Special Session I

Budget Amendments - HB1800 (Conference Report)

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Auction by Officer of Distrained or Levied-Upon Property (language only)

Item 74 #1c

Item 74 #1c

Compensation Board


Page 70, after line 14, insert:

"D. Notwithstanding the provisions of § 8.01-490, Code of Virginia, a treasurer, sheriff or other officer distraining or levying upon personal property may employ a licensed auctioneer or auction firm, as defined in § 54.1-600, Code of Virginia, to sell such property on behalf of the officer, and may transport such property to the site of an auction for such purpose, regardless of whether the site is within or outside the officer's county or city."


(This amendment clarifies that an officer (such as a treasurer or sheriff) who distrains or levies upon property (for instance, to satisfy delinquent taxes or a recorded judgment) may utilize an auctioneer or auction firm located outside the officer’s jurisdiction to sell the property. This allowance may lead to cost efficiencies for the seller and the owner.)