act-1955-0-372•Pennsylvania Act 1955-372 — AUTHORIZING THE SALE OF VACANT LAND IN CONSERVATION AREAS
Pennsylvania Act 1955-372 — AUTHORIZING THE SALE OF VACANT LAND IN CONSERVATION AREAS
act-1955-0-3721955 Pa. Act 372Law
Act text
AUTHORIZING THE SALE OF VACANT LAND IN CONSERVATION AREAS
Act of Mar. 1, (1956) 1955, P.L. 1196, No. 372 Cl. 11
AN ACT
Authorizing the sale of vacant land located in areas certified
as conservation areas in counties of the first class, under a
judgment obtained on a tax claim, by the sheriff of the
county; providing for the discharge of all liens, mortgages,
ground rents, estates and claims against the property by
sale; and limiting the right of redemption.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. (a) It is hereby determined and declared as a
matter of legislative finding that:
(1) There exists in counties of the first class in this
Commonwealth areas which have become blighted, or are
deteriorating and, thus, in serious danger of becoming blighted,
because of the unsafe, unsanitary, inadequate or overcrowded
condition of the dwellings therein, because of the conditions of
vacant lots, or because of inadequate planning of the area, or
the excessive land coverage by the building thereon, or the lack
of proper light and air and open space, or because of the
defective design and arrangement of the buildings thereon, or
faulty street or lot layout, or economically or socially
undesirable land uses. As a result of these conditions, blighted
and deteriorated areas have been conducive to the spread of
disease and have been productive of an alarming rise in juvenile
delinquency and crime.
(2) These areas contain numerous empty lots which are
generally used for dumping and are breeding places for vermin.
These empty lots are detrimental to the health, safety and
welfare of the community and result in accelerating the trend
toward neighborhood deterioration and blight.
(3) These vacant lots are generally tax delinquent.
Neighboring land owners and others generally refrain from
purchasing these lots at tax sales and rehabilitating them (i)
because of the necessity of two sales under existing law and
(ii) because the prior owner has under existing law an
outstanding right to redeem the property and oust the purchaser
from possession.
(b) It is hereby declared to be the policy of the
Commonwealth of Pennsylvania to promote the health, safety and
welfare of the inhabitants thereof by encouraging neighboring
land owners and others to purchase vacant lots at tax sales by
authorizing the purchaser at a tax sale, wherever tax
delinquencies exist for a period of at least five years, to take
title upon such sale free of all tax and municipal claims,
liens, mortgages, ground rents, charges and estates and without
any right of redemption.
Section 2. Whenever the Planning Commission having
jurisdiction in a county determines that any area is blighted or
in serious danger of becoming blighted, it may certify the area
as a conservation area. In making its determination, the
Planning Commission shall consider the extent to which the
following conditions exist:
(1) Unsafe, unsanitary and overcrowded dwellings;
(2) Vacant lots, overgrown by weeds and used for dumping
grounds;
(3) A disproportionate number of tax delinquent properties
causing the taxes received from the area to be less than the
cost of State and municipal services rendered;
(4) Excessive land coverage by buildings with resulting lack
of proper light, air and open space;
(5) Defective design and arrangement of buildings or faulty
street or lot layout;
(6) Economically and socially undesirable land uses.
Section 3. The term "vacant lot" shall mean any piece of
ground without any permanent building or structure erected
thereon.
Section 4. (a) When a claimant in any county of the first
class has obtained a judgment upon its tax or municipal claim
against any vacant lot located in an area which has been
certified as a conservation area by the Planning Commission
having jurisdiction in the county, and there shall be charged
against the property tax delinquencies for a period of at least
five years, the claimant may file a petition in the court in
which the proceeding is pending, setting forth the facts
necessary to establish the right to sell the property, together
with a title search or a title insurance policy showing the
state of the record and the ownership of the property and of all
tax and municipal claims, mortgages, ground rents or other
charges on, or estates in, the real property, as shown by the
official record of the county in which the real property is
situate. The court shall thereupon grant a rule upon all parties
shown to be interested, to appear and show cause why a decree
should not be made that the property be sold, free and clear of
the respective tax and municipal claims, liens, mortgages,
ground rents, charges and estates and without any right of
redemption after a sale.
(b) If, upon a hearing, the court is satisfied that (1)
service of the rule has been made upon the interested parties in
the manner provided for the service of writs of scire facias in
section eighteen of the act of May sixteen, one thousand nine
hundred twenty-three (Pamphlet Laws 207), for the obtaining of a
judgment upon tax and municipal claims, and (2) notice of the
rule has been published by the claimant in at least one
newspaper of general circulation in the county and in the
authorized legal periodical published therein, if any, and (3)
the facts stated in the petition are true, it shall order and
decree that the property be sold at a subsequent sheriff sale at
a time to be fixed thereafter by the court free and clear of all
tax and municipal claims, liens, mortgages, ground rents,
charges and estates, to the highest bidder at the sale, and the
purchaser at the sale shall take and forever thereafter have an
absolute title to the property sold, free and discharged of all
tax and municipal claims, liens, mortgages, ground rents,
charges and estates of whatsoever kind. The property shall not
thereafter be subject to any right of redemption. Notice of the
sale shall be published by the claimant in at least one
newspaper of general circulation in the county and in the
authorized legal periodical published therein, if any.
Section 5. For the purpose of enabling the petitioner in any
proceedings to give the notice required, the court may take the
testimony of any interested party, or of any other person whom
it may have reason to believe has knowledge of the whereabouts
of any of the other interested parties.
Section 6. Any claimant shall have the right to bid and
become the purchaser of the property at a sale.
Section 7. The deed for the property shall be executed,
acknowledged and delivered as in other real estate sales by the
sheriff. Upon the delivery of a deed for any property sold under
the provisions of this act, the judgment, upon which the sale
was had, shall thereupon and forever thereafter be final and
conclusive, and the validity thereof shall not be questioned for
any cause whatsoever.
Section 8. The costs and the expenses of any sale shall
first be paid out of the proceeds. The balance thereof shall be
applied first to the payment of tax claims, the oldest thereof
having priority, municipal claims shall be next the oldest in
point of lien having priority; and any surplus shall be
distributed in accordance with law.
Section 9. Notwithstanding any provisions of this act, any
person may, at any time prior to the proposed sale, pay all
costs of the proceedings, including the cost of the necessary
title search or title insurance policy and all tax and municipal
claims, penalties and interest thereon, charged against the
property; whereupon, the proceedings on petition shall at once
determine.
Section 10. This act shall take effect immediately.
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