act-1937-0-582•Pennsylvania Act 1937-582 — MUNICIPAL LAND, TITLE IN FEE SIMPLE
Pennsylvania Act 1937-582 — MUNICIPAL LAND, TITLE IN FEE SIMPLE
act-1937-0-5821937 Pa. Act 582Law
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.
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