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                                                      PRINTER'S NO. 2978



No. 2190 Session of 2003



                                     AN ACT

     1  Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
     2     reenacted and amended, "An act concerning townships of the
     3     second class; and amending, revising, consolidating and
     4     changing the law relating thereto," further providing for
     5     real property.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 1503 of the act of May 1, 1933 (P.L.103,
     9  No.69), known as The Second Class Township Code, reenacted and
    10  amended November 9, 1995 (P.L.350, No.60) and amended February
    11  21, 2002 (P.L.153, No.12), is amended to read:
    12     Section 1503.  Real Property.--(a)  No real estate owned by
    13  the township having a value in excess of fifteen hundred dollars
    14  ($1,500) may be sold except to the highest bidder after due
    15  notice by advertisement for bids or advertisement of a public
    16  auction in one newspaper of general circulation in the township.
    17  The advertisement shall be published once not less than ten days
    18  before the date set for the opening of bids or public auction,

     1  and the date for opening bids or public auction shall be
     2  announced in the advertisement. The award of contracts shall be
     3  made only by public announcement at a regular or special meeting
     4  of the board of supervisors or at the public auction. All bids
     5  shall be accepted on the condition that payment of the purchase
     6  price in full shall be made within sixty days of the acceptance
     7  of bids.
     8     (b)  The board of supervisors may reject all bids if the bids
     9  are deemed to be less than the fair market value of the
    10  property. In the case of a public auction, the board of
    11  supervisors may establish a minimum bid based on the fair market
    12  value of the real property.
    13     (c)  The requirements of this section do not apply to
    14  conveyances or leases of real property by a township to any
    15  [municipal corporation, the Federal Government, the
    16  Commonwealth, or any institution district, school district,
    17  municipality authority, county, public utility, volunteer fire
    18  company, nonprofit corporation engaged in community industrial,
    19  commercial or affordable housing development, volunteer
    20  ambulance service or volunteer rescue squad located within the
    21  township, nonprofit corporation organized as a public library,
    22  nonprofit medical service corporation, nonprofit housing
    23  corporation, nonprofit organizations providing community service
    24  or development activities or nonprofit corporation established
    25  for the preservation of historical, architectural or aesthetic
    26  sites or artifacts. Such conveyances or leases shall be at the
    27  sole discretion of the township.] of the following:
    28     (1)  A municipal corporation.
    29     (2)  The Federal Government.
    30     (3)  The Commonwealth
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     1     (4)  An institution district.
     2     (5)  A school district.
     3     (6)  A municipality authority.
     4     (7)  A county.
     5     (8)  A public utility.
     6     (9)  A volunteer fire company.
     7     (10)  A nonprofit corporation engaged in community
     8  industrial, commercial or affordable housing development.
     9     (11)  A volunteer ambulance service or volunteer rescue squad
    10  located within the township.
    11     (12)  A nonprofit corporation organized as a public library.
    12     (13)  A nonprofit medical service corporation.
    13     (14)  A nonprofit housing corporation.
    14     (15)  Nonprofit organizations providing community service or
    15  development activities.
    16     (16)  A nonprofit corporation established for the
    17  preservation of historical, architectural or aesthetic sites or
    18  artifacts.
    19     (17)  Nonprofit associations or corporations organized to
    20  acquire and maintain real property for the preservation,
    21  conservation and stewardship of open space.
    22  Such conveyances or leases shall be at the sole discretion of
    23  the township.
    24     (d)  When real property is sold to a nonprofit corporation
    25  organized as a public library or to a nonprofit medical service
    26  corporation, nonprofit housing corporation, volunteer fire
    27  company, volunteer ambulance service or volunteer rescue squad,
    28  the board of supervisors may elect to accept any nominal
    29  consideration for the property as it believes appropriate. Real
    30  property sold under this subsection is subject to the condition
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     1  that when the property is not used for the purposes of the
     2  corporation or volunteer fire company, the property reverts to
     3  the township.
     4     (e)  No real estate may be purchased by a township unless the
     5  board of supervisors obtains at least one appraisal on the real
     6  property in question by a person authorized to perform an
     7  appraisal on the subject property under the act of July 10, 1990
     8  (P.L.404, No.98), known as the "Real Estate Appraisers
     9  Certification Act," and the township supervisors may require
    10  that an environmental impact statement be prepared, indicating
    11  the potential liability of the township for any environmental
    12  problems associated with the real estate to be purchased. The
    13  person making the appraisal shall not be interested directly or
    14  indirectly in any aspect of the sale of the real estate. The
    15  price paid by the board of supervisors for the purchase of the
    16  real estate shall not exceed the price established by the
    17  appraisal: Provided, however, That if more than one appraisal is
    18  obtained, the price paid by the board of supervisors shall not
    19  exceed the average of the appraisals.
    20     (f)  When real property has been dedicated, deeded or devised
    21  to a township to be used for a designated purpose and the real
    22  property is accepted and used for that purpose, or the real
    23  property is not used for the purpose designated for a period of
    24  ten years or more, and the township supervisors determine that
    25  it is not possible or not desirable for the best interest of the
    26  township to use the real property for the purpose designated,
    27  the township supervisors, with the prior approval of the court
    28  of common pleas, may by ordinance reconvey to the original
    29  owners or their successors, heirs or assigns, or otherwise
    30  dispose of, the real property free and clear of any public
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     1  right.
     2     Section 2.  This act shall take effect in 60 days.

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