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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

In the Municipality of San Gabriel, Parcel Z-9, owned by Nova Holdings, Inc., is subject to real property tax. The city treasurer issues the real property tax assessment and sends the notice of assessment and demand letter to Nova at its registered address. The letter is returned with the notation “Moved, left no forwarding address.” The city posts a notice of impending sale at the city hall and conspicuously at the parcel, but does not publish the sale in any newspaper or official publication. After the prescribed period, the city conducts a public auction and transfers title to the highest bidder. Nova challenges the sale on the ground that due process was not observed. Decide whether the sale is valid and what remedies Nova may pursue if it is void.

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The sale is void; the aggrieved may file a civil action for damages against the local government for the improper sale of property. The sale is valid because the taxpayer had actual knowledge of the tax and the sale; the absence of publication does not invalidate the sale at this stage. The sale is void for lack of due process because publication in a newspaper of general circulation is required for tax sales; Nova may seek a judicial declaration of nullity of the sale and reconveyance of the property, with a possible re-sale after proper notice. The sale is valid because posting notices at conspicuous places and mailing of the assessment notice satisfy due process; Nova's remedy is to redeem within the statutory redemption period.

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