PRINTER'S NO. 320
No. 290 Session of 1997
INTRODUCED BY BUXTON, CAWLEY, VAN HORNE, TIGUE, ROONEY, SANTONI,
STETLER, BELARDI, STABACK, BROWNE, ARGALL, STURLA, MELIO,
BOSCOLA, MIHALICH, CAPPABIANCA, SAYLOR, WOJNAROSKI, SHANER,
SCRIMENTI AND THOMAS, FEBRUARY 5, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 5, 1997
AN ACT
1 Amending the act of July 7, 1947 (P.L.1368, No.542), entitled,
2 as amended, "An act amending, revising and consolidating the
3 laws relating to delinquent county, city, except of the first
4 and 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 counties of the first and second class, to act
19 as agent for taxing districts; defining its powers and
20 duties, including sales of property, the management of
21 property taken in sequestration, and the management, sale and
22 disposition of property heretofore sold to the county
23 commissioners, taxing districts and trustees at tax sales;
24 providing a method for the service of process and notices;
25 imposing duties on taxing districts and their officers and on
26 tax collectors, and certain expenses on counties and for
27 their reimbursement by taxing districts; and repealing
28 existing laws," further providing for limitations on owners
29 and for purchases from the repository for unsold property.
30 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Sections 618, 626 and 627 of the act of July 7,
3 1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law,
4 added July 3, 1986 (P.L.351, No.81), are amended to read:
5 Section 618. Repurchase by Owner.--(a) The owner shall have
6 no right to purchase his own property at [either] a judicial
7 sale [or], a private sale [conducted] or from the bureau's
8 repository for unsold property under the provisions of this act.
9 (b) For the purpose of this section, "owner" means any
10 individual, partner, shareholder, trust, partnership, limited
11 partnership, corporation, or any other business association or
12 any trust, partnership, limited partnership, corporation or any
13 other business association that has any individual as part of
14 the business association who had any ownership interest or
15 rights in the property. A change of name or business status
16 shall not defeat the purpose of this section.
17 Section 626. Unsold Property Repository.--If, after
18 conducting and exposing a property to a judicial sale under the
19 provisions of this act, whether prior to, at the time of or
20 after the effective date of this amendatory act, any property
21 remains unsold, it shall be placed in a category to be termed
22 "repository for unsold properties." A list of properties in this
23 category shall be maintained by the bureau and shall be
24 available during normal office hours to [any member of] the
25 general public. From time to time, the bureau may publish a list
26 of these properties in a locally circulating newspaper.
27 Section 627. Sale of Property in Repository.--(a) The
28 bureau may, with the consent of both the municipality and school
29 district where the property is located, accept an offer of any
30 price for property placed in the "repository for unsold
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1 properties" without court approval and published notice of sale.
2 The municipality or school district may not unreasonably
3 withhold its consent to the sale of the property.
4 (b) The property shall be conveyed to the purchaser upon
5 payment of the agreed price, free and clear of all tax and
6 municipal claims, mortgages, liens, and charges and estates of
7 whatsoever kind, except ground rents separately taxed. It shall
8 be the responsibility of the bureau to have the deed recorded at
9 the expense of the purchaser.
10 Section 2. This act shall apply to all sales conducted on or
11 after the effective date of this act.
12 Section 3. This act shall take effect immediately.
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