Pennsylvania Act 1996-6 (session 2) — BLIZZARD AND FLOOD EMERGENCY OF 1996 - REAL ESTATE TAXES

Act text

BLIZZARD AND FLOOD EMERGENCY OF 1996 - REAL ESTATE TAXES
        Act of Jul. 11, 1996, Special Session 2, P.L. 1777, No. 6     Cl. 53
                      Special Session No. 2 of 1996
                                No. 1996-6

                                  AN ACT

     Authorizing abatement of real estate taxes because of
        destruction or damage of property by blizzard or flood, or
        the refund of the amount of such taxes by certain political
        subdivisions; and authorizing assessment of properties
        retroactive to January 1, 1996, and a limited moratorium on
        the increase of certain real estate taxes.

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

     Section 1.  Local abatement of real estate taxes.
        The taxing bodies of the various counties, cities, boroughs,
     towns, townships and school districts may abate real estate
     taxes imposed by them for the tax year 1996 if the real property
     upon which the tax was imposed was damaged or destroyed by the
     blizzard of January 1996 or the resulting flood. The amount of
     any real estate tax abated shall be in direct proportion to the
     damage to the property as measured by a reduction in the
     assessed valuation of the property by the local assessing
     authority using the same assessment valuation factors, criteria
     and procedures in use prior to the disaster. Local assessing
     authorities are hereby authorized to assess blizzard- or flood-
     damaged properties retroactive to January 1, 1996, to reflect
     reductions in property value due to blizzard or flood damage. In
     the event that such tax has been paid, the taxing bodies may
     refund such taxes. The amount of real estate tax abated or
     refunded by any taxing body shall not exceed $30,000 for any
     single property.
     Section 2.  Ownership requirement.
        No abatement or refund shall be allowed for the year 1996
     unless the property owner at the time of the abatement or refund
     was also the owner of the property at the time of the blizzard
     of January 1996 or the flood of 1996.
     Section 3.  Optional moratorium for certain real estate taxes.
        (a)  Exemption for reconstruction and repairs.--Local taxing
     authorities may, by ordinance or resolution, exempt from real
     property taxation the assessed valuation of reconstruction or
     repairs made to properties damaged or destroyed by the blizzard
     of January 1996 or the resulting flood. The exemption shall be
     limited to the additional assessment valuation attributable to
     the actual costs of reconstruction or repairs on the damaged or
     destroyed property.
        (b)  Exemption schedule.--For the first year for which such
     reconstruction or repairs would otherwise be taxable, 100% of
     the eligible assessment shall be exempted, for the second year,
     50% of the eligible assessment shall be exempted, and, for the
     third year, 25% of the eligible assessment shall be exempted.
     After the third year, the exemption shall terminate. No property
     shall be eligible for tax exemption under this section unless
     reconstruction or repairs are begun within five years of the
     date of the blizzard of January 1996 or the resulting flood.
        (c)  Termination upon transfer.--The exemption from taxation
     authorized by this section shall terminate upon the sale or
     exchange of the property.
        (d)  Notice.--Local taxing authorities shall publish notice
     of the moratorium on taxation attributable to increases in
     assessed valuations due to reconstruction or repairs as required
     herein. The notice shall appear on at least two occasions in a
     newspaper of general circulation within the affected areas
     within 60 days of the adoption of the ordinance or resolution
     authorized under subsection (a).
     Section 4.  Effective date.
        This act shall take effect immediately.