Pennsylvania Act 1915-68 — SALE OF LAND TO DEPARTMENT OF FORESTRY AUTHORIZED

Act text

SALE OF LAND TO DEPARTMENT OF FORESTRY AUTHORIZED
                  Act of Apr. 21, 1915, P.L. 140, No. 68              Cl. 32
                                  AN ACT

     Directing the county commissioners of the several counties to
        offer for sale to the Department of Forestry tracts of land
        which they may have purchased at county treasurers' sales,
        for acceptance or refusal for forestry purposes, and to
        convey to the Commonwealth of Pennsylvania the tracts so
        offered to be sold, if accepted by the department.

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Department of Forests and Waters by Act 68 of
            1915.
        Section 1.  Be it enacted, &c., That when county
     commissioners shall have received from the county treasurer a
     conveyance of lands which shall have been advertised and sold
     for unpaid taxes, in accordance with the several acts of
     Assembly relating to the sale and conveyance of lands for taxes,
     the said commissioners are hereby directed, after the period for
     redemption of said lands shall have expired, to offer said lands
     to the Department of Forests and Waters and the Board of Game
     Commissioners, for acceptance or rejection by said department or
     commission, for forestry or game purposes, when required so to
     do by the Department of Forests and Waters or the Board of Game
     Commissioners. The county commissioners, in making such offer,
     shall describe the land by giving the name of its former owner,
     its location, warrantee name or number, and its adjoiners. They
     shall state the number of acres and perches in each tract so
     offered, and the amount of taxes, interest, and costs due
     thereon, which shall have been levied and become a lien and
     accrued to the time of making the offer. Every such offer shall
     be accompanied by a draft of the land, when required by the
     department or commission, to be prepared by the county surveyor.
     The cost of the preparation of such draft shall be paid by the
     county commissioners, and in no case shall exceed the ordinary
     and usual amount paid for the making of similar drafts in the
     course of county business. The cost of the draft may be added by
     the commissioners to the amount of costs accrued against the
     land which they shall offer the Department of Forests and Waters
     or the Board of Game Commissioners. Where adjoining tracts are
     so offered, they shall be included within one draft, and the
     cost of the draft shall be ratably apportioned among the several
     tracts in accordance with the area thereof.
        (1 amended May 22, 1933, P.L.943, No.179)
        Section 2.  That upon receiving any such offer from the
     county commissioners, which offer shall be made upon blank forms
     to be prepared by the Department of Forests and Waters or the
     Board of Game Commissioners and supplied to the commissioners,
     the department or commission shall make an examination and
     valuation of the land so offered to determine whether it is
     suitable for forestry or game land purposes. If found not
     suitable for forestry or game land purposes, the department or
     commission shall so notify the commissioners. If found to be
     suitable for the authorized purposes of either the department or
     the commission, the one desiring such land shall likewise notify
     the commissioners of its suitability, make a conditional
     acceptance, and proceed to examine the title. If such
     examination shall disclose that the title is marketable, and of
     such character as can be safely accepted, the department or
     commission shall prepare a deed, to be executed by the
     commissioners, conveying such land to the Commonwealth of
     Pennsylvania. The consideration shall include all taxes levied
     for a period not to exceed five years, which shall include the
     period for redemption, together with interest, and costs due to
     date of conveyance; but shall, in no case, exceed the limit of
     purchase price now or hereafter fixed by law for the purchase of
     land by the Department of Forests and Waters or the Board of
     Game Commissioners for authorized purposes.
        (2 amended Apr. 1, 1937, P.L.199, No.50)
        Section 3.  That if the title examination shall disclose
     incumbrances upon the land, or other objections, which, in the
     judgment of the Department of Forests and Waters or the Board of
     Game Commissioners, whichever is contemplating the purchase of
     the land, will render the title unmarketable or undesirable for
     the State to own, the county commissioners shall then proceed to
     remove such objections to title, and cure such defects, so far
     as it may be possible to do so, or may be required by the
     practice of the Department of Forests and Waters or the Board of
     Game Commissioners in the purchase of lands. The purchase of
     said land shall not be further proceeded with until the title
     shall be rendered acceptable to the department or commission
     contemplating purchase. In case the county commissioners neglect
     or refuse to remove objections to title when required by the
     department or the commission, whichever is contemplating the
     purchase of the land, such agency may, after a reasonable time,
     not exceeding six months, notify the commissioners that it
     refuses to consider the further purchase of the land so offered.
     The time for removal of objections may be extended by the
     department or commission for cause shown.
        (3 amended May 22, 1933, P.L.943, No.179)
        Section 4.  That all laws or parts of laws in conflict
     herewith are hereby repealed.