Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1805 - Sales of personal property and surplus farm products(a) No personal property and no surplus farm products of the county shall be disposed of by sale or otherwise, except upon resolution of the commissioners. When the commissioners approve a sale of such property or farm products, they shall estimate the sale value of the entire lot to be disposed of, and, if the estimate be less than two thousand dollars ($2,000), they shall require notice of the proposed sale to be posted, for at least ten days, in a prominent place in the court house, describing and itemizing the property to be sold, and directing that bids may be made thereon at the office of the chief clerk of the commissioners. Thereafter, the commissioners may sell such property in whole or in part for the best price or prices obtainable.(b) If the commissioners estimate the sale value of the personal property or of such surplus farm products to be sold at two thousand dollars ($2,000) or more, the entire lot shall be advertised for sale, once, in at least one newspaper of general circulation in the county, and sale of the property so advertised shall be made to the highest and best bidder. The bids shall not be opened until at least ten days after the said advertisement. The commissioners may sell any such property at auction, but the provisions as to notice contained in this section shall be likewise observed as to the holding of auction sales. The provisions of this section shall not be mandatory where county property is to be traded-in or exchanged for new personal property. The provisions of this section shall not apply to sale of personal property with real property as a single unit pursuant to section 2306.1.(c) A public auction of personal property may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase bid prices during the electronic auction. The record of the electronic auction shall be accessible as a public record under the provisions of the act of February 14, 2008 ( P.L. 6, No.3), known as the "RIght-To-Know Law." The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by the commissioners. In the event that shipping costs are incurred, the shipping costs shall be paid by the high bidder. A county that has complied with the advertising requirements of this section may provide additional notice of the sale by bids or public auction in any manner deemed appropriate by the commissioners. The advertisement for electronic auction sales authorized in this subsection shall include the publicly accessible Internet website or means of accessing the electronic auction and the date, time and duration of the electronic auction.Amended by P.L. TBD 2018 No. 154, § 49, eff. 12/24/2018.1955, Aug. 9, P.L. 323, § 1805. Amended 1961, Sept. 19, P.L. 1495, § 4, effective 1/1/1962; 1963, July 31, P.L. 372, § 2, effective 1/1/1964; 2000, Dec. 22, P.L. 1019, No. 142, § 7, effective in 60 days; 2011, Dec. 15, P.L. 442, No. 108, §3, effective in 60 days [ 2/13/2012].