§ 39-3-134 — Condemnation by tax-exempt agency - duties of treasurer

In all
cases where an entire property, or a portion of any parcel, tract, or lot of real
property, is likely to become exempt from the levy and collection of property tax
through exercise of the power of eminent domain, the treasurer shall be joined as a
party respondent in any such eminent domain action, and, upon joinder and notice
of the proceedings, the treasurer shall assert a claim for the amount of any
prorated property taxes for the current taxable year on such property, and all other
unpaid property taxes, delinquent interest, or charges thereon, with the clerk of the
court in which the proceedings are filed. Upon institution of any such proceedings,
the lien of property taxes levied and to be levied shall be transferred from the real
property acquired or sought to be acquired to any money awarded or to be awarded
for the taking of such real property. Nothing in this section shall require any
treasurer to file a claim in any such proceedings involving acquisition of only a
portion of any real property if the treasurer is satisfied that there is sufficient
taxable real property remaining after the taking of such portion to satisfy any lien
for the amount of property taxes payable on such portion taken.

Legislative History

Source: L. 89: Entire article R&RE, p. 1480, � 1, effective April 23. L. 92: Entire section amended, p. 2224, � 5, effective April 9.