Section 38-A. Removal of occupants of land resold  


Latest version.
  • When a resale of land is
      directed,  the commissioner of general services shall cause notice to be
      given to every occupant of such land to remove therefrom, and if he does
      not comply with such notice, he shall direct the  district  attorney  of
      the  county  in which such lands may be situated to commence proceedings
      for his removal before the county judge of such county. On proof, by the
      production of a certificate from the commissioner that a resale of  such
      land  has  been  duly  ordered  for default of payment, such judge shall
      issue his warrant to the sheriff of the county,  commanding  him  within
      ten  days  after  the receipt thereof, to remove such occupant from such
      lands; and the sheriff shall remove such person within such  time,  and,
      for  that  purpose, shall possess the same powers as in the execution of
      criminal process. The sheriff shall retain such warrant  in  his  hands,
      and  if  any person so removed shall return to occupy such lands without
      the consent of the commissioner, he shall be forthwith  removed  by  the
      sheriff  pursuant to such warrant.  The sheriff, for executing a warrant
      under this section, shall be allowed such compensation, to be  paid  out
      of the treasury, as the comptroller shall certify to be reasonable.