Pennsylvania Act 1941-217 — REDEMPTION OF REALTY PURCHASED AT TAX SALES

Act text

REDEMPTION OF REALTY PURCHASED AT TAX SALES
                 Act of Jul. 28, 1941, P.L. 536, No. 217              Cl. 53
                                  AN ACT

     Authorizing counties, cities, except cities of the first class,
        boroughs, towns, townships, school districts, poor districts
        and institution districts at any sale of real property for
        the nonpayment of taxes or municipal claims to take title
        jointly in proportion to their tax claims; providing for the
        management of such real property and for the resale and
        conveyance of their interests to a purchaser.

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

        Section 1.  Whenever any real property has been heretofore or
     shall be hereafter sold at any public sale for the nonpayment of
     taxes or municipal claims due any county, city, except city of
     the first class, borough, town, township, school district, poor
     district or institution district, any two or more of such
     political subdivisions or the Commonwealth having tax or
     municipal claims against such real property may, by agreement of
     the properly constituted authorities of such subdivisions, and
     in the event there are no other successful bidders at such sale,
     agree to take title to such real property jointly in proportion
     to their tax claims, and on the bid of any one of them,
     regardless of the amount bid at such sale.
        Section 2.  Such agreement between said subdivisions
     aforesaid may provide for the appointment of a manager or agent
     of such real property, the application of the rents or income
     from such real property to the payment of compensation or
     commission to such manager or agent, to repairs, fire insurance,
     liability insurance, or such other expense necessary to the
     maintenance of such real property, as well as the payment of any
     balance to such political subdivisions in proportion to their
     interests, or as such agreement may provide, or make any other
     arrangements in connection with said real property as they deem
     to be best for their mutual interests: Provided, however, That
     the provisions of section 1 and 2 of this act shall not apply to
     any real property containing minerals and oil beneath or upon
     the surface thereof.
        Section 3.  After the period for redemption of such real
     property, as provided by law, has expired and the said real
     property has not been redeemed by the former owner or party in
     interest, the political subdivisions holding title to such real
     property may by agreement sell the said real property at a
     private sale for any price agreed upon, or at a public sale
     under terms and conditions set forth in the agreement for the
     best price obtainable, and by deed convey their respective
     interests to the purchaser, regardless of any law or laws
     imposing restrictions on the selling and conveyance of real
     property by such political subdivisions individually. Such
     agreement may provide that the purchase price be applied to the
     payment of a commission to a real estate broker or public
     auctioneer, to the expense of perfecting the title to be
     conveyed, if necessary, or to any other expense ordinarily
     incident to the grantor of real property, before paying the
     balance of the purchase price to such political subdivisions,
     first in proportion to their tax claims, second in proportion to
     their municipal claims, and, if said purchase price is more than
     sufficient to pay all the aforesaid claims, any balance
     remaining shall be paid to said political subdivisions in
     proportion to their tax claims at the time said real property
     was acquired by them. The title conveyed shall be free and clear
     of all claims of such political subdivisions.
        Section 4.  All acts and parts of acts inconsistent herewith
     are hereby repealed.
        Section 5.  The provisions of this act shall become effective
     immediately upon final enactment.