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This entry was published on 2014-09-22
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Removal of occupants of land resold
Public Lands (PBL) CHAPTER 46, ARTICLE 3
§ 38-a. Removal of occupants of land resold. 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.