Pennsylvania Act 1937-582 — MUNICIPAL LAND, TITLE IN FEE SIMPLE

Act text

MUNICIPAL LAND, TITLE IN FEE SIMPLE
                 Act of Jul. 2, 1937, P.L. 2793, No. 582              Cl. 53
                                  AN ACT

     Authorizing and empowering any city, county, school district, or
        other municipality which shall have acquired a limited title
        to real estate for municipal purposes, to secure a title in
        fee simple to any such real estate; and providing and
        regulating the procedure in such cases.

        Section 1.  Be it enacted, &c., That any city, county, school
     district, or other municipality shall have power, in the method
     herein prescribed, to acquire title in fee simple to any real
     estate to which such municipality shall have previously acquired
     a lesser estate in any manner; provided that such real estate
     shall have been used or held for a public purpose for a period
     of not less than ten years.
        Section 2.  The proper authorities of such municipality are
     authorized and empowered, by ordinance or resolution, to declare
     its intention to acquire a fee simple title in such real estate,
     which ordinance or resolution shall indicate such real estate
     with reasonable accuracy. Upon the adoption of passage of such
     ordinance or resolution, it shall be advertised once in two
     newspapers of general circulation and in the legal periodical
     within the county wherein the real estate is situated. Such
     advertisement shall include a brief description of the real
     estate, the manner and date or approximate date of original
     acquisition, if known, and the name or names of the owner or
     owners of such real estate at the time of its original
     acquisition for municipal purposes, if known. Upon the
     completion of such advertisement, a certified copy of the
     ordinance or resolution and proofs of publication shall be
     lodged for record in the office of the recorder of deeds in and
     for the county in which the real estate is situated, and the
     title of the municipality in and to such real estate shall
     thereupon become an absolute title in fee simple.
        Section 3.  Any person claiming a reversionary or other
     interest in and to such property, or any part thereof, may,
     within six years of the date of such vesting of title in fee
     simple in the municipality, petition the court of common pleas
     of the county in which said real estate is situated, setting
     forth in such petition the chain of title whereby his claim
     arises, together with the names and addresses of all persons so
     far as they are known to him whose interests may be affected,
     and with a reference to the record of all deeds, wills,
     intestacies, court proceedings, or other muniments of title
     tending to prove or substantiate his claim. The court shall
     cause notice to be given to all persons so named, and hear such
     testimony as may be required to determine the proportionate
     interest, if any, of such claimant and such other persons, and
     shall appoint a board of view to hear testimony, to determine
     the value, if any, of the entire unacquired interest in said
     real estate, and to award to petitioner or other persons
     appearing entitled thereto, his or their proportionate parts or
     shares of such amount. Either claimant, or other such person, or
     the municipality shall have the right to file exceptions or to
     appeal, with a right of trial by jury, as in other cases:
     Provided, however, That a final determination, as hereinabove
     provided for, shall be conclusive of the matters so determined:
     upon any subsequent And provided, further, that the valuation of
     any such property shall be based upon its condition and worth as
     of the time that the municipality perfected its fee simple
     title, as hereinabove provided, and that if the municipality
     shall have sold such real estate, either at public or private
     sale, prior to such determination, the price or sum received at
     such sale shall be prima facie evidence of the value of such
     real estate or such part thereof as may have been so sold, with
     due allowance for improvements or other changes of condition
     between the time when the municipality perfected its title as
     aforesaid and the time of such sale. (3 repealed in part Apr.
     28, 1978, P.L.202, No.53)
        Section 4.  All acts or parts of acts inconsistent herewith
     are hereby repealed.
        Section 5.  This act shall become effective immediately upon
     its final enactment.