§ 992 — Action for sequestration

§ 992. Action for sequestration. 1. Notwithstanding any provisions of\na county tax act to the contrary, it shall be the duty of the attorney\ngeneral, upon being informed by the county treasurer of any county\nhaving a population of one hundred thousand or less that any corporation\nrefuses or neglects to pay the taxes imposed upon it pursuant to this\nchapter, to bring an action in the supreme court for the sequestration\nof the property of such corporation.\n 2. Whenever any corporation refuses or neglects to pay the taxes\nimposed upon it pursuant to this chapter, the chief fiscal or legal\nofficer of a municipal corporation having a population in excess of one\nhundred thousand empowered to enforce the collection of delinquent taxes\nto whom said taxes are due and owing may bring an action in the supreme\ncourt for the sequestration of the property of such corporation.\n 3. The court may sequestrate the property of such corporation for the\npurpose of satisfying taxes in arrears, and may in its discretion enjoin\nsuch corporation from further proceedings under its charter until such\ntax and the costs incurred in the action have been paid. The attorney\ngeneral or the chief fiscal or legal officer of a county having a\npopulation in excess of one hundred thousand to whom such tax is owing,\nwhichever official has initiated the action for sequestration may\nrecover such tax with costs from such delinquent corporation by action\nin any court of record.\n 4. The attorney general may, at his or her own discretion, also assume\nthe authority of this section upon the joint request of the chief fiscal\nofficer and legal officer of the municipal corporation having a\npopulation in excess of one hundred thousand empowered to enforce the\ncollection of delinquent taxes in which such real property is located.\nSuch request must attest that the unpaid taxes were levied no earlier\nthan four years prior to such request, and that (i) such action by\neither the chief fiscal officer or chief legal officer would constitute\na conflict of interest, or (ii) the real property subject to such action\nis part of a system which provides water or sanitary sewerage services\nto property owners and the rates for such services are regulated by the\npublic service commission. In the event that the attorney general\nassumes the authority of this section following such request, all\nexpenses incurred by the attorney general, including the salary or other\ncompensation of all deputies employed, shall be a charge against the\nmunicipal corporation having a population in excess of one hundred\nthousand making such request, provided, however, that in no event shall\nsuch charges payable to the attorney general exceed the amount of unpaid\ntaxes actually recovered pursuant to this section.\n