THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PERZEL, DERMODY, PETRI, BELFANTI, GEIST, GODSHALL, HARPER, HESS, W. KELLER, MILLER, MYERS, M. O'BRIEN, PASHINSKI, REICHLEY, SAYLOR, SIPTROTH, SWANGER, J. TAYLOR AND YOUNGBLOOD, AUGUST 10, 2009

REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 10, 2009  

AN ACT

Amending the act of May 16, 1923 (P.L.207, No.153), entitled "An

act providing when, how, upon what property, and to what

extent, liens shall be allowed for taxes and for municipal

improvements, for the removal of nuisances, and for water

rents or rates, sewer rates, and lighting rates; for the

procedure upon claims filed therefor; the methods for

preserving such liens and enforcing payment of such claims;

the effect of judicial sales of the properties liened; the

distribution of the proceeds of such sales, and the

redemption of the property therefrom; for the lien and

collection of certain taxes heretofore assessed, and of

claims for municipal improvements made and nuisances removed,

within six months before the passage of this act; and for the

procedure on tax and municipal claims filed under other and

prior acts of Assembly," further providing for upset sale

price.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 29 of the act of May 16, 1923 (P.L.207,

No.153), referred to as the Municipal Claim and Tax Lien Law,

amended June 5, 1937 (P.L.1732, No.361), is amended to read:

Section 29.  (a)  The plaintiff in any judgment recovered on

a tax or municipal claim may, upon paying the sheriff's costs,

fix an upset price to be realized at any sale under such

judgment, sufficient to pay all taxes and municipal claims, and

all accrued but unfiled taxes and claims, in full. No sale shall

be made on a judgment recovered on a tax or municipal claim

except for a sum sufficient to pay all taxes and municipal

claims in full, except as hereinafter provided, and the

plaintiff in such judgment may purchase the property at such

sale, for that sum, if no one bids a higher price therefor,

except when a municipality is the real plaintiff in such

judgment, and no one else bids a sum sufficient to pay sheriff's

costs and all taxes and municipal claims in full, said

municipality may purchase the property for the sheriff's costs

thereon, subject to the lien of all taxes and municipal claims,

and liens not otherwise discharged by the sale under existing

law.

(b)  Upon a purchase by a municipality for the sheriff's

costs, any income received from the property by the municipality

in excess of that necessary for the upkeep of said property and

the payment of insurance premiums thereon, and the cost of

improvements thereto, shall be applied to the payment of the

costs of sale, then to payment of all taxes liened and unliened,

in the order of their priority, the oldest being paid first, and

then to municipal claims in the same order.

(c)  A plaintiff may give the right of first refusal to match

the upset sale price under this section to a local redevelopment

authority or its designated agent, which right must be exercised

within fifteen days of the sale. No title shall pass to the

purchaser at sale unless the fifteen days have passed and the

right of first refusal has not been exercised.

Section 2.  This act shall take effect in 60 days.