§ 44-9-25.2 Foreclosure of the rights ofredemption on account of constructive abandonment by a city or town. – (a) Notwithstanding the provisions of § 44-9-25, following a sale ortaking of land for taxes, whenever the city or town holds the acquired title,the city or town may at any time foreclose all rights of redemption upon afinding by the superior court of constructive abandonment.
(b) If the inspector of buildings determines that thebuildings or unimproved land are abandoned property he or she shall notify therecord owner, and, if appropriate, the mortgagee or lessee, of his or herfinding. The notice shall include a statement that the inspection was conductedat the request of the local treasurer and that the failure of the record owner,or other interested party, to correct the conditions described in the noticewithin thirty (30) days of receipt or publication of the notice will result inproceedings to foreclose the record owner's right of redemption. The notice maybe served in the manner required by law for the service in civil cases or maybe published. The inspector of buildings shall also, at the time of service orpublication, post a copy of the notice in two (2) or more convenient publicplaces.
(c) If at the expiration of the thirty (30) day period, theinspector of buildings is of the opinion that action has not been initiated tocorrect the condition described in the notice, he or she shall immediatelynotify the local treasurer in writing under penalties of perjury, that thebuildings on the land or the unimproved land itself have been found to beabandoned property. The written notice shall include the facts andcircumstances which formed the basis of his or her findings, and a copy of thenotice served on the record owner, or if service was by publication, an accountof the steps taken to locate the record owner and a copy of the publishednotice as well as information appearing in the records of the assessors and ofthe collector and tending to establish the validity of tax title on the land.
(d) If the treasurer is of the opinion that the facts andcircumstances as found by the inspector of buildings are sufficient toestablish that the buildings on the land or the unimproved land taken orpurchased are abandoned property and that the facts essential to the validityof the tax title on the land have been adequately established, he or she shallmake an affidavit of that finding which shall be recorded in the registry ofdeeds for the district where the land lies. The treasurer shall incorporate inhis or her affidavit the statements of the inspector of buildings and thetreasurer, or portions of the statements he or she finds pertinent, and whenrecorded, shall be prima facie evidence of those facts.
(e) The treasurer shall make an affidavit and shall bring apetition in the superior court pursuant to § 45-9-25 for the foreclosureof all rights of redemption of the land. The petition shall include adescription of the land to which it applies, with its assessed valuation, thesource of title giving reference to the place, book and page of record, andother facts as may be necessary for the information of the court. A finding ofconstructive abandonment will be made in a situation where the owner of aproperty has manifested constructive abandonment with some act or failure toact. In determining whether an owner has constructively abandoned a property,the court shall consider the following:
(1) Whether or not the property is vacant;
(2) Whether or not housing and building code violations havenot been addressed;
(3) Whether or not the grounds are maintained;
(4) Whether or not the building's interior is sound;
(5) Whether or not any vandalism or damage to the buildinghas not been repaired;
(6) Whether or not dumping regularly occurs on the property;
(7) Whether or not the property is regularly maintained (i.e.grass, litter control, etc.); and
(8) The length of time any of the above conditions haveexisted.
(f) Actions brought under this section to foreclose the rightof redemption on account of constructive abandonment in the superior courtshall be given precedence on the calendar and shall be heard not later thanthirty (30) days from the initiation of the proceedings.
§ 44-9-25.2 Foreclosure of the rights ofredemption on account of constructive abandonment by a city or town. – (a) Notwithstanding the provisions of § 44-9-25, following a sale ortaking of land for taxes, whenever the city or town holds the acquired title,the city or town may at any time foreclose all rights of redemption upon afinding by the superior court of constructive abandonment.
(b) If the inspector of buildings determines that thebuildings or unimproved land are abandoned property he or she shall notify therecord owner, and, if appropriate, the mortgagee or lessee, of his or herfinding. The notice shall include a statement that the inspection was conductedat the request of the local treasurer and that the failure of the record owner,or other interested party, to correct the conditions described in the noticewithin thirty (30) days of receipt or publication of the notice will result inproceedings to foreclose the record owner's right of redemption. The notice maybe served in the manner required by law for the service in civil cases or maybe published. The inspector of buildings shall also, at the time of service orpublication, post a copy of the notice in two (2) or more convenient publicplaces.
(c) If at the expiration of the thirty (30) day period, theinspector of buildings is of the opinion that action has not been initiated tocorrect the condition described in the notice, he or she shall immediatelynotify the local treasurer in writing under penalties of perjury, that thebuildings on the land or the unimproved land itself have been found to beabandoned property. The written notice shall include the facts andcircumstances which formed the basis of his or her findings, and a copy of thenotice served on the record owner, or if service was by publication, an accountof the steps taken to locate the record owner and a copy of the publishednotice as well as information appearing in the records of the assessors and ofthe collector and tending to establish the validity of tax title on the land.
(d) If the treasurer is of the opinion that the facts andcircumstances as found by the inspector of buildings are sufficient toestablish that the buildings on the land or the unimproved land taken orpurchased are abandoned property and that the facts essential to the validityof the tax title on the land have been adequately established, he or she shallmake an affidavit of that finding which shall be recorded in the registry ofdeeds for the district where the land lies. The treasurer shall incorporate inhis or her affidavit the statements of the inspector of buildings and thetreasurer, or portions of the statements he or she finds pertinent, and whenrecorded, shall be prima facie evidence of those facts.
(e) The treasurer shall make an affidavit and shall bring apetition in the superior court pursuant to § 45-9-25 for the foreclosureof all rights of redemption of the land. The petition shall include adescription of the land to which it applies, with its assessed valuation, thesource of title giving reference to the place, book and page of record, andother facts as may be necessary for the information of the court. A finding ofconstructive abandonment will be made in a situation where the owner of aproperty has manifested constructive abandonment with some act or failure toact. In determining whether an owner has constructively abandoned a property,the court shall consider the following:
(1) Whether or not the property is vacant;
(2) Whether or not housing and building code violations havenot been addressed;
(3) Whether or not the grounds are maintained;
(4) Whether or not the building's interior is sound;
(5) Whether or not any vandalism or damage to the buildinghas not been repaired;
(6) Whether or not dumping regularly occurs on the property;
(7) Whether or not the property is regularly maintained (i.e.grass, litter control, etc.); and
(8) The length of time any of the above conditions haveexisted.
(f) Actions brought under this section to foreclose the rightof redemption on account of constructive abandonment in the superior courtshall be given precedence on the calendar and shall be heard not later thanthirty (30) days from the initiation of the proceedings.
§ 44-9-25.2 Foreclosure of the rights ofredemption on account of constructive abandonment by a city or town. – (a) Notwithstanding the provisions of § 44-9-25, following a sale ortaking of land for taxes, whenever the city or town holds the acquired title,the city or town may at any time foreclose all rights of redemption upon afinding by the superior court of constructive abandonment.
(b) If the inspector of buildings determines that thebuildings or unimproved land are abandoned property he or she shall notify therecord owner, and, if appropriate, the mortgagee or lessee, of his or herfinding. The notice shall include a statement that the inspection was conductedat the request of the local treasurer and that the failure of the record owner,or other interested party, to correct the conditions described in the noticewithin thirty (30) days of receipt or publication of the notice will result inproceedings to foreclose the record owner's right of redemption. The notice maybe served in the manner required by law for the service in civil cases or maybe published. The inspector of buildings shall also, at the time of service orpublication, post a copy of the notice in two (2) or more convenient publicplaces.
(c) If at the expiration of the thirty (30) day period, theinspector of buildings is of the opinion that action has not been initiated tocorrect the condition described in the notice, he or she shall immediatelynotify the local treasurer in writing under penalties of perjury, that thebuildings on the land or the unimproved land itself have been found to beabandoned property. The written notice shall include the facts andcircumstances which formed the basis of his or her findings, and a copy of thenotice served on the record owner, or if service was by publication, an accountof the steps taken to locate the record owner and a copy of the publishednotice as well as information appearing in the records of the assessors and ofthe collector and tending to establish the validity of tax title on the land.
(d) If the treasurer is of the opinion that the facts andcircumstances as found by the inspector of buildings are sufficient toestablish that the buildings on the land or the unimproved land taken orpurchased are abandoned property and that the facts essential to the validityof the tax title on the land have been adequately established, he or she shallmake an affidavit of that finding which shall be recorded in the registry ofdeeds for the district where the land lies. The treasurer shall incorporate inhis or her affidavit the statements of the inspector of buildings and thetreasurer, or portions of the statements he or she finds pertinent, and whenrecorded, shall be prima facie evidence of those facts.
(e) The treasurer shall make an affidavit and shall bring apetition in the superior court pursuant to § 45-9-25 for the foreclosureof all rights of redemption of the land. The petition shall include adescription of the land to which it applies, with its assessed valuation, thesource of title giving reference to the place, book and page of record, andother facts as may be necessary for the information of the court. A finding ofconstructive abandonment will be made in a situation where the owner of aproperty has manifested constructive abandonment with some act or failure toact. In determining whether an owner has constructively abandoned a property,the court shall consider the following:
(1) Whether or not the property is vacant;
(2) Whether or not housing and building code violations havenot been addressed;
(3) Whether or not the grounds are maintained;
(4) Whether or not the building's interior is sound;
(5) Whether or not any vandalism or damage to the buildinghas not been repaired;
(6) Whether or not dumping regularly occurs on the property;
(7) Whether or not the property is regularly maintained (i.e.grass, litter control, etc.); and
(8) The length of time any of the above conditions haveexisted.
(f) Actions brought under this section to foreclose the rightof redemption on account of constructive abandonment in the superior courtshall be given precedence on the calendar and shall be heard not later thanthirty (30) days from the initiation of the proceedings.
