PRINTER'S NO. 2384
No. 1707 Session of 1990
INTRODUCED BY GREENLEAF, LEMMOND, STOUT, PORTERFIELD,
AFFLERBACH, HELFRICK, SALVATORE AND SHUMAKER, JUNE 26, 1990
REFERRED TO LOCAL GOVERNMENT, JUNE 26, 1990
AN ACT
1 Amending the act of April 12, 1842 (P.L.262, No.91), entitled "A
2 supplement to an act, entitled 'An act authorizing the
3 Governor to incorporate the Tioga Navigation Company,' passed
4 the twenty-six day of February, one thousand eight hundred
5 and twenty-six, and for other purposes," further providing
6 for the recovery of the value of improvements to lands
7 subject to tax sale.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 20 of the act of April 12, 1842 (P.L.262,
11 No.91), entitled "A supplement to an act, entitled 'An act
12 authorizing the Governor to incorporate the Tioga Navigation
13 Company,' passed the twenty-six day of February, one thousand
14 eight hundred and twenty-six, and for other purposes," is
15 amended to read:
16 Section 20. That no law respecting the sale of land for
17 taxes, shall be so construed by any court as to prevent a
18 recovery of the value of the improvements made, in all cases
19 whatsoever where a recovery is effected against a purchaser at a
20 sale for taxes, or other person claiming under him; but the acts
1 of assembly shall be so construed that a recovery for
2 improvements as aforesaid, shall be an incident in all cases
3 whatsoever, where there is a recovery against the tax title,
4 without regard to the nature of the defects of said title, and
5 wherever any person claiming under such tax title may be out of
6 possession, and on account of defects in said title fail to
7 recover the land, the jury under the direction of the court
8 trying the cause, shall assess the value of the improvements
9 made by such person, or those under whom he claims, and shall
10 fix the time within which said assessment shall be paid by the
11 defendant or defendants; and if the sum so assessed be not paid
12 within the time specified by the said jury, the title of the
13 plaintiff shall thenceforth be confirmed and rendered good and
14 valid to the land in dispute, as against the defendant, and all
15 claiming under him; and after a failure to pay such assessment,
16 a writ of haberi facias possessionem may issue forthwith from
17 said court, without any other proceeding, and in all cases where
18 a recovery is had against the defendant or defendants, claiming
19 under a tax title as aforesaid, the jury assessing the value of
20 the improvements, shall under the direction of the court also
21 find the time within which the same shall be paid by the
22 plaintiff, and on failure to pay such assessment within the time
23 so fixed by the said jury, the title of the said defendant or
24 defendants shall thenceforth be confirmed and rendered good and
25 valid as against plaintiff and all claiming title under him:
26 Provided, That no improvements made within two years after the
27 sale of said land for taxes, shall be paid for by the purchaser
28 at a sale for taxes, or other person claiming under him, and
29 that the value of such improvements shall be assessed by the
30 jury against the party recovering [or purchasing] the same:
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1 Provided also, That if the defects in the tax title shall be
2 known to the purchaser at the time of the sale[, or if a tender
3 of the redemption money be made within two years of sale,] he
4 shall not be allowed for his improvement: And provided further,
5 That nothing herein contained shall affect the interests of
6 minors who shall claim the lands inherited by them within two
7 years after they shall arrive at age.
8 Section 2. This act shall take effect in 60 days.
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