PRIOR PRINTER'S NO. 1309 PRINTER'S NO. 1901
No. 1107 Session of 1977
INTRODUCED BY KURY, MELLOW, MURRAY AND GURZENDA, SEPTEMBER 27, 1977
SENATOR LEWIS, LOCAL GOVERNMENT, AS AMENDED, MAY 31, 1978
AN ACT 1 Amending the act of July 7, 1947 (P.L.1368, No.542), entitled 2 "An act amending, revising and consolidating the laws 3 relating to delinquent county, city, except of the first and 4 second class and second class A, borough, town, township, 5 school district, except of the first class and school 6 districts within cities of the second class A, and 7 institution district taxes, providing when, how and upon what 8 property, and to what extent liens shall be allowed for such 9 taxes, the return and entering of claims therefor; the 10 collection and adjudication of such claims, sales of real 11 property, including seated and unseated lands, subject to the 12 lien of such tax claims; the disposition of the proceeds 13 thereof, including State taxes and municipal claims recovered 14 and the redemption of property; providing for the discharge 15 and divestiture by certain tax sales of all estates in 16 property and of mortgages and liens on such property, and the 17 proceedings therefor; creating a Tax Claim Bureau in each 18 county, except a county of the first class, to act as agent 19 for taxing districts; defining its powers and duties, 20 including sales of property, the management of property taken 21 in sequestration, and the management, sale and disposition of 22 property heretofore sold to the county commissioners, taxing 23 districts and trustees at tax sales; providing a method for 24 the service of process and notices; imposing duties on taxing 25 districts and their officers and on tax collectors, and 26 certain expenses on counties and for their reimbursement by 27 taxing districts; and repealing existing laws," further 28 providing for the leasing of certain property by counties. 29 The General Assembly of the Commonwealth of Pennsylvania 30 hereby enacts as follows: 31 Section 1. Section 702, act of July 7, 1947 (P.L.1368,
1 No.542), known as the "Real Estate Tax Sale Law," amended May 2 29, 1956 (P.L.1814, No.603), is amended to read: 3 Section 702. Powers and Duties of Bureau as Agent.--The 4 property turned over to it, as provided in the preceding 5 section, shall not be subject to redemption and until finally 6 sold, as hereinafter provided, the bureau shall manage and 7 control the property for the trustee county with power, (a) to 8 lease the property for a period [not exceeding [one (1) year] of <-- 9 five (5) years with the [usual] privilege of renewal on 10 termination thereof upon three (3) months' notice, and any such 11 lease may be on a royalty basis for the purpose of extracting 12 any minerals or oil or the cutting of timber, (b) to make such 13 repairs to the property as may be reasonably necessary to 14 restore and maintain it in a tenantable condition, and to carry 15 insurance on such property, (c) to advertise the property for 16 sale or for rent, (d) to appoint an agent or agents who shall be 17 a licensed real estate broker or agent to collect the rentals, 18 and pay such agents the customary commissions for rent 19 collection, (e) to harvest and sell the crops or produce of the 20 property, (f) to sell any scrap or salvage resulting from 21 repairs or alterations to buildings on the property or from the 22 demolition of buildings no longer safe for occupancy, (g) to 23 recover the cost of advertising, repairs, alterations or 24 demolition of buildings, the harvesting of crops and the 25 commissions of rental agents from the rental or sale of the 26 property or any crops or salvage therefrom, and (h) to sell the 27 property at private sale, to give options thereon and receive 28 option money, and to make deeds for such property when sold in 29 the manner provided by and subject to the provisions of sections 30 613, 614 and 615 in so far as they may be applicable. 19770S1107B1901 - 2 -
1 The bureau shall not in any case incur any expense for the
2 maintenance, repair or alteration of any such property in excess
3 of eighty per centum (80%) of the amount of rental to be
4 received for such property within a period of [one (1) year,]
5 five (5) years, under a lease entered into at or before the time
6 such expense is incurred.
7 Section 2. This act shall take effect in 60 days.
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