Section 992. Action for sequestration  


Latest version.
  • 1. Notwithstanding any provisions of
      a county tax act to the contrary, it shall be the duty of  the  attorney
      general,  upon  being  informed  by  the  county treasurer of any county
      having a population of one hundred thousand or less that any corporation
      refuses or neglects to pay the taxes imposed upon it  pursuant  to  this
      chapter,  to  bring an action in the supreme court for the sequestration
      of the property of such corporation.
        2. Whenever any corporation refuses  or  neglects  to  pay  the  taxes
      imposed  upon  it  pursuant  to  this chapter, the chief fiscal or legal
      officer of a municipal corporation having a population in excess of  one
      hundred thousand empowered to enforce the collection of delinquent taxes
      to  whom said taxes are due and owing may bring an action in the supreme
      court for the sequestration of the property of such corporation.
        3. The court may sequestrate the property of such corporation for  the
      purpose of satisfying taxes in arrears, and may in its discretion enjoin
      such  corporation  from further proceedings under its charter until such
      tax and the costs incurred in the action have been paid.   The  attorney
      general  or  the  chief  fiscal  or  legal  officer of a county having a
      population in excess of one hundred thousand to whom such tax is  owing,
      whichever  official  has  initiated  the  action  for  sequestration may
      recover such tax with costs from such delinquent corporation  by  action
      in any court of record.
        4. The attorney general may, at his or her own discretion, also assume
      the authority of this section upon the joint request of the chief fiscal
      officer  and  legal  officer  of  the  municipal  corporation  having  a
      population in excess of one hundred thousand empowered  to  enforce  the
      collection  of  delinquent taxes in which such real property is located.
      Such request must attest that the unpaid taxes were  levied  no  earlier
      than  four  years  prior  to  such  request, and that (i) such action by
      either the chief fiscal officer or chief legal officer would  constitute
      a conflict of interest, or (ii) the real property subject to such action
      is  part  of a system which provides water or sanitary sewerage services
      to property owners and the rates for such services are regulated by  the
      public  service  commission.  In  the  event  that  the attorney general
      assumes the authority  of  this  section  following  such  request,  all
      expenses incurred by the attorney general, including the salary or other
      compensation  of  all  deputies  employed, shall be a charge against the
      municipal corporation having a  population  in  excess  of  one  hundred
      thousand  making such request, provided, however, that in no event shall
      such charges payable to the attorney general exceed the amount of unpaid
      taxes actually recovered pursuant to this section.