Pennsylvania Act 1955-372 — AUTHORIZING THE SALE OF VACANT LAND IN CONSERVATION AREAS

Act text

AUTHORIZING THE SALE OF VACANT LAND IN CONSERVATION AREAS
              Act of Mar. 1, (1956) 1955, P.L. 1196, No. 372          Cl. 11
                                  AN ACT

     Authorizing the sale of vacant land located in areas certified
        as conservation areas in counties of the first class, under a
        judgment obtained on a tax claim, by the sheriff of the
        county; providing for the discharge of all liens, mortgages,
        ground rents, estates and claims against the property by
        sale; and limiting the right of redemption.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  (a)  It is hereby determined and declared as a
     matter of legislative finding that:
        (1)  There exists in counties of the first class in this
     Commonwealth areas which have become blighted, or are
     deteriorating and, thus, in serious danger of becoming blighted,
     because of the unsafe, unsanitary, inadequate or overcrowded
     condition of the dwellings therein, because of the conditions of
     vacant lots, or because of inadequate planning of the area, or
     the excessive land coverage by the building thereon, or the lack
     of proper light and air and open space, or because of the
     defective design and arrangement of the buildings thereon, or
     faulty street or lot layout, or economically or socially
     undesirable land uses. As a result of these conditions, blighted
     and deteriorated areas have been conducive to the spread of
     disease and have been productive of an alarming rise in juvenile
     delinquency and crime.
        (2)  These areas contain numerous empty lots which are
     generally used for dumping and are breeding places for vermin.
     These empty lots are detrimental to the health, safety and
     welfare of the community and result in accelerating the trend
     toward neighborhood deterioration and blight.
        (3)  These vacant lots are generally tax delinquent.
     Neighboring land owners and others generally refrain from
     purchasing these lots at tax sales and rehabilitating them (i)
     because of the necessity of two sales under existing law and
     (ii) because the prior owner has under existing law an
     outstanding right to redeem the property and oust the purchaser
     from possession.
        (b)  It is hereby declared to be the policy of the
     Commonwealth of Pennsylvania to promote the health, safety and
     welfare of the inhabitants thereof by encouraging neighboring
     land owners and others to purchase vacant lots at tax sales by
     authorizing the purchaser at a tax sale, wherever tax
     delinquencies exist for a period of at least five years, to take
     title upon such sale free of all tax and municipal claims,
     liens, mortgages, ground rents, charges and estates and without
     any right of redemption.
        Section 2.  Whenever the Planning Commission having
     jurisdiction in a county determines that any area is blighted or
     in serious danger of becoming blighted, it may certify the area
     as a conservation area. In making its determination, the
     Planning Commission shall consider the extent to which the
     following conditions exist:
        (1)  Unsafe, unsanitary and overcrowded dwellings;
        (2)  Vacant lots, overgrown by weeds and used for dumping
     grounds;
        (3)  A disproportionate number of tax delinquent properties
     causing the taxes received from the area to be less than the
     cost of State and municipal services rendered;
        (4)  Excessive land coverage by buildings with resulting lack
     of proper light, air and open space;
        (5)  Defective design and arrangement of buildings or faulty
     street or lot layout;
        (6)  Economically and socially undesirable land uses.
        Section 3.  The term "vacant lot" shall mean any piece of
     ground without any permanent building or structure erected
     thereon.
        Section 4.  (a)  When a claimant in any county of the first
     class has obtained a judgment upon its tax or municipal claim
     against any vacant lot located in an area which has been
     certified as a conservation area by the Planning Commission
     having jurisdiction in the county, and there shall be charged
     against the property tax delinquencies for a period of at least
     five years, the claimant may file a petition in the court in
     which the proceeding is pending, setting forth the facts
     necessary to establish the right to sell the property, together
     with a title search or a title insurance policy showing the
     state of the record and the ownership of the property and of all
     tax and municipal claims, mortgages, ground rents or other
     charges on, or estates in, the real property, as shown by the
     official record of the county in which the real property is
     situate. The court shall thereupon grant a rule upon all parties
     shown to be interested, to appear and show cause why a decree
     should not be made that the property be sold, free and clear of
     the respective tax and municipal claims, liens, mortgages,
     ground rents, charges and estates and without any right of
     redemption after a sale.
        (b)  If, upon a hearing, the court is satisfied that (1)
     service of the rule has been made upon the interested parties in
     the manner provided for the service of writs of scire facias in
     section eighteen of the act of May sixteen, one thousand nine
     hundred twenty-three (Pamphlet Laws 207), for the obtaining of a
     judgment upon tax and municipal claims, and (2) notice of the
     rule has been published by the claimant in at least one
     newspaper of general circulation in the county and in the
     authorized legal periodical published therein, if any, and (3)
     the facts stated in the petition are true, it shall order and
     decree that the property be sold at a subsequent sheriff sale at
     a time to be fixed thereafter by the court free and clear of all
     tax and municipal claims, liens, mortgages, ground rents,
     charges and estates, to the highest bidder at the sale, and the
     purchaser at the sale shall take and forever thereafter have an
     absolute title to the property sold, free and discharged of all
     tax and municipal claims, liens, mortgages, ground rents,
     charges and estates of whatsoever kind. The property shall not
     thereafter be subject to any right of redemption. Notice of the
     sale shall be published by the claimant in at least one
     newspaper of general circulation in the county and in the
     authorized legal periodical published therein, if any.
        Section 5.  For the purpose of enabling the petitioner in any
     proceedings to give the notice required, the court may take the
     testimony of any interested party, or of any other person whom
     it may have reason to believe has knowledge of the whereabouts
     of any of the other interested parties.
        Section 6.  Any claimant shall have the right to bid and
     become the purchaser of the property at a sale.
        Section 7.  The deed for the property shall be executed,
     acknowledged and delivered as in other real estate sales by the
     sheriff. Upon the delivery of a deed for any property sold under
     the provisions of this act, the judgment, upon which the sale
     was had, shall thereupon and forever thereafter be final and
     conclusive, and the validity thereof shall not be questioned for
     any cause whatsoever.
        Section 8.  The costs and the expenses of any sale shall
     first be paid out of the proceeds. The balance thereof shall be
     applied first to the payment of tax claims, the oldest thereof
     having priority, municipal claims shall be next the oldest in
     point of lien having priority; and any surplus shall be
     distributed in accordance with law.
        Section 9.  Notwithstanding any provisions of this act, any
     person may, at any time prior to the proposed sale, pay all
     costs of the proceedings, including the cost of the necessary
     title search or title insurance policy and all tax and municipal
     claims, penalties and interest thereon, charged against the
     property; whereupon, the proceedings on petition shall at once
     determine.
        Section 10.  This act shall take effect immediately.