PRINTER'S NO. 1114
No. 1012 Session of 1981
INTRODUCED BY LLOYD, BELFANTI, CALTAGIRONE, BLAUM AND KUKOVICH,
MARCH 25, 1981
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 25, 1981
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled
2 "An act relating to counties of the third, fourth, fifth,
3 sixth, seventh and eighth classes; amending, revising,
4 consolidating and changing the laws relating thereto,"
5 further providing for the acquisition, use, sale and lease of
6 real property by the county commissioners.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Subsection (a) of section 2305, act of August 9,
10 1955 (P.L.323, No.130), known as "The County Code," amended July
11 31, 1963 (P.L.372, No.200), is amended to read:
12 Section 2305. Acquiring and Using Real Property; [Court
13 Approval;] Exceptions.--(a) The county commissioners may
14 purchase for not more than the fair market value, take by gift,
15 devise or by the power of eminent domain, in accordance with the
16 provisions of this act, such real property at the county seat or
17 in such other places, as may be authorized by law, as they deem
18 necessary for the purposes of a county courthouse, county jail,
19 prison, workhouse, detention house or other county building, and
1 in counties of the fourth, fifth, sixth, seventh and eighth
2 classes, lands and buildings for the care of dependents and
3 farms, either in acquisition of a building suitable for such
4 purposes, or in the construction of a new building, or in the
5 alteration, including enlargement, of an existing county
6 building. [Any purchase herein authorized shall be subject to
7 the approval of the court of common pleas of the county as to
8 purchase price, and no such contract shall bind the county, nor
9 shall any conveyance be valid until the court has so approved
10 the purchase price.] The fair market value of real property in
11 the case of a purchase shall be determined by the county
12 commissioners in consultation with the county assessor and two
13 licensed real estate brokers doing business within the county.
14 Before entering a contract for the purchase of real property,
15 the board of commissioners shall find that the purchase would
16 fulfill a public purpose and that, despite a reasonable
17 investigation, no other acceptable property can be purchased at
18 a significantly lower cost. At least thirty days before entering
19 such a contract, the board of commissioners shall adopt a
20 resolution setting forth such findings, as well as a summary of
21 the terms and the cost of said acquisition and the estimated
22 impact on taxes. [In addition to such approval, any] Any
23 acquisition of lands and buildings for the care of dependents
24 and farms shall be subject to approval of the Department of
25 Public Welfare as to suitability.
26 * * *
27 Section 2. Section 2306 of the act is amended to read:
28 Section 2306. Authority to Sell or Lease Real Property.--The
29 board of commissioners may sell for not less than the fair
30 market value or lease, either as lessor or lessee, any real
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1 property belonging to the county or to others where the county
2 is lessee. [In the event of such sale, or of a lease as lessor
3 under which the lessee acquires on a royalty basis or otherwise
4 the right to drill for oil or gas or to mine or remove coal,
5 stone or other mineral products or to cut and remove trees,
6 stumps, wood or other forest products, the commissioners shall
7 petition the court of common pleas, setting forth a description
8 of the property to be sold or leased and the reason therefor. If
9 the commissioners know or have reason to believe that the
10 property to be sold contains oil, gas, coal, stone, timber or
11 other mineral or forest products of commercial value, such
12 knowledge or belief shall be stated together with the
13 description. The court shall thereupon fix a day for hearing,
14 notice of which shall be given in at least two newspapers, in
15 said county, of general circulation, once a week for three
16 consecutive weeks. After hearing, the court shall make such
17 order and decree as shall seem right and proper.] The fair
18 market value of real property in the case of a sale shall be
19 determined by the county commissioners in consultation with the
20 county assessor and two licensed real estate brokers doing
21 business within the county. At least thirty days before entering
22 a contract for the sale of real property, the board of
23 commissioners shall adopt a resolution setting forth the public
24 purpose for the sale, a summary of the terms of said sale, and,
25 if the property is to be sold without competitive bidding, the
26 selling price of the property and the reason why competitive
27 bidding is not practical. In the case of any lease of county
28 property hereunder, such property, with any and all improvements
29 or additions thereon or thereto, shall, in the hands of the
30 lessee, be subject to taxation by such county and any other
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1 political subdivision therein, in the same manner as other real
2 estate located in the county. Such taxes shall be levied and
3 assessed against and paid by the lessee. This section shall not
4 apply to leases or sales of county property or other property
5 which are otherwise specifically provided for by law.
6 Section 3. This act shall take effect in 60 days.
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