                                 CODE OF VIRGINIA

ORDER OF REFERENCE; APPOINTMENT OF SPECIAL COMMISSIONER TO MAKE SALE; COSTS;
ATTORNEY FEES (§ 58.1-3969)

The court shall have the option, for good cause shown after proper objection
made by any party respondent, to refer the case to a commissioner in chancery
for hearing and report, in which case, the order of reference shall be to a
commissioner in chancery or special master other than the attorney (or any
attorney practicing in the same firm as the attorney) employed to subject the
real estate to the lien of any taxes. Upon (i) receipt of proper service of
process on all parties defendant, a written real estate title certificate and
the written report of a licensed real estate appraiser where there is no dispute
as to title or value, (ii) the receipt of the report of the commissioner in
chancery, or (iii) where the assessor for the locality files an affidavit with
the court of value and the value is averred to not exceed $100,000, the court
may appoint a special commissioner to sell the properties and execute the
necessary deeds when a sale is found necessary or advisable. The court may
designate the attorney employed by the governing body of the locality to bring
the suit.
		The sale price achieved at a public auction shall be prima facie, but
rebuttable, evidence of the value of the property for purposes of the approval
of the sale. If the attorney employed by the governing body of the locality be
appointed a special commissioner to sell the land and execute the deed and he
has already given the bond hereinabove mentioned, no additional bond shall be
required of him as special commissioner unless the court regards the bond
already given as insufficient in amount. No fee or commission shall be allowed
or paid to any attorney for acting under the order of reference or as special
commissioner, except as hereinafter provided, and the compensation contracted to
be paid any such attorney by the governing body, whether the employment was on a
salary, commission or other basis, shall be in full for all services rendered by
him. The court shall allow as part of the costs, to be paid into the treasury of
the locality, a reasonable sum to defray the cost of its attorneys and the
expenses of publication and appraisal necessary for the purpose of instituting
such suit and such fees and commissions, including fees for preparing and
executing deeds, as would be allowed if the suit were an ordinary lien
creditor&#8217;s suit. When the special commissioner is other than the attorney
employed by the locality the court may allow him reasonable fees for selling the
land and executing the deed, payable out of the proceeds of sale.
		In any case in which the attorney representing the locality and the governing
body thereof have failed to reach an agreement as to a salary or commission or
other basis as compensation for the services of such attorney, the court in
which any proceedings are brought under this article may allow from the proceeds
of the sale of any such real estate such fee as the court shall deem reasonable
and proper to the attorney representing any such locality in such proceeding.

HISTORY: Code 1950, § 58-1117.5; 1973, c. 467; 1984, c. 675; 1997, c. 724;
1999, c. 674; 2005, c. 885; 2006, c. 333; 2009, cc. 181, 551; 2012, c. 627;
2014, c. 34.