PRINTER'S NO. 2978
No. 2190 Session of 2003
INTRODUCED BY ROSS, ARMSTRONG, BALDWIN, BARD, BARRAR, BUNT, CAPPELLI, CORRIGAN, COY, CRAHALLA, CURRY, GODSHALL, HARPER, HENNESSEY, KELLER, LEACH, LEVDANSKY, MUSTIO, O'NEILL, PETRI, RUBLEY, SCAVELLO, SCHRODER, E. Z. TAYLOR, VANCE, WALKO, WATSON, WEBER AND YOUNGBLOOD, NOVEMBER 24, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 24, 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 20030H2190B2978 - 2 -
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 20030H2190B2978 - 3 -
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 20030H2190B2978 - 4 -
1 right. 2 Section 2. This act shall take effect in 60 days. J8L73MRD/20030H2190B2978 - 5 -