Pennsylvania Act 1897-10 — UNSEATED LANDS, PURCHASE AUTHORIZED BY COMMONWEALTH - REPEALED

Act text

UNSEATED LANDS, PURCHASE AUTHORIZED BY COMMONWEALTH - REPEALED
                  Act of Mar. 30, 1897, P.L. 11, No. 10               Cl. 32
                                  AN ACT

     Authorizing the purchase by the Commonwealth of unseated lands
        for the non-payment of taxes for the purpose of creating a
        State Forest Reservation.

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Commissioner of Forestry by Act 10 of 1897.
        Section 1.  Notice of tax sale of unseated lands
        From and after the first day of January, Anno Domini one
     thousand eight hundred and ninety-eight, whenever any unseated
     lands within this Commonwealth shall, under existing laws,
     become liable to sale by the respective county treasurers or the
     county commissioners for nonpayment of taxes, it shall be the
     duty of such treasurers and commissioners to publish a notice
     once a week for six successive weeks in at least two newspapers
     of general circulation within the county in which the lands lie,
     and if two newspapers be not published in said county, then in
     one newspaper in or nearest to the same, which notice shall
     contain the names of the owners when known, the warrant numbers,
     names of warranties when known, the number of acres contained in
     each tract, the township in which the same is located, and the
     sums due upon each tract for taxes; and, further, to mail to the
     Secretary of Agriculture and the Commissioner of Forestry, each,
     ten copies of such printed advertisement immediately upon the
     publication thereof.  1897, March 30, P.L. 11, Sec. 1.
        Section 2.  It shall be the duty of the Commissioner of
     Forestry to inquire into and examine the location and character
     of unseated lands advertised by the respective county treasurers
     and the county commissioners of this Commonwealth for sale for
     the non-payment of taxes, and if in his judgment the same are so
     located and are of such a character as to make them desirable
     for the Commonwealth for the purpose of creating and maintaining
     a Forestry Reservation, he shall have power, at his discretion,
     to purchase any such lands for and in behalf of the Commonwealth
     at such tax sales, subject to the right of redemption under
     existing laws: Provided however, That the bid made and the price
     paid for said lands, shall in no case exceed the amount of taxes
     for the non-payment of which the same are being sold, and the
     costs. For all purchases so made in behalf of the Commonwealth,
     the Auditor General shall draw his warrant upon the State
     Treasurer to the order of the county treasurer, upon certificate
     filed by the Commissioner of Forestry with the said Auditor
     General: Provided further, That the Commissioner of Forestry
     shall have power to purchase unseated lands other than such as
     are advertised for sale for the non-payment of taxes, upon such
     terms and conditions as may be agreed upon with the owners of
     such land: Provided, That such purchase shall be approved by the
     Governor and the Board of Property, consisting of the Attorney
     General, Secretary of the Commonwealth, and Secretary of
     Internal Affairs. And provided further, That in no case shall
     the price paid for such unseated land exceed the assessed value
     of the same. For all purchases so made in behalf of the
     Commonwealth the Auditor General shall draw his warrant upon the
     State Treasurer to the order of the grantor, upon certificate
     filed by the Commissioner of Forestry, with approval as
     aforesaid: Provided, That in no case shall the amount paid for
     any tract of land purchased under the provisions of this act
     exceed the sum of five dollars per acre.
        (2 amended Apr. 28, 1899, P.L.98, No.81)

        Compiler's Note:  Section 504 of Act 164 of 1980 provided
            that section 2 is repealed insofar as it is inconsistent
            with Act 164.
        Section 3.  Disposition of redemption money
        In the event of redemption of said lands, the redemption
     money paid shall be remitted to the State Treasurer by the
     county treasurer, with a statement describing the tract of land
     so redeemed.  1897, March 30, P.L. 11, Sec. 3.
        Section 4.  Title to vest in Commonwealth; record
        The title to all lands so purchased, and not redeemed after
     the expiration of the time limited for redemption, shall be
     taken as vested in the Commonwealth to the same extent, and with
     like effect as though such purchase had been made by an
     individual at such sale, and the county treasurer shall certify
     to the Secretary of Agriculture, lists of all lands purchased in
     behalf of the Commonwealth and not redeemed within the time
     limited for such redemption, with a description of each tract as
     required by section one of this act, and thereafter such lands
     shall not be subject to further taxation while the same are
     owned by the Commonwealth.  It shall be the duty of the
     Secretary of Agriculture to keep a record in a book, to be
     especially provided for that purpose, of all the lands so
     acquired by the Commonwealth, with full description of each
     tract, the character of the same, the date of purchase, the
     price paid when the title became absolute, or if redeemed, the
     date of redemption.  1897, March 30, P.L. 11, Sec. 4.