Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5506 - Authority to sell or lease real property(a) The board of commissioners may sell for not less than the fair market value or lease, either as lessor or lessee, any real property belonging to the county or to others where the county is lessee. If the commissioners know or have reason to believe that the property to be sold contains oil, gas, coal, stone, timber or other mineral or forest products of commercial value, such knowledge or belief shall be advertised together with the description of the land in at least two newspapers of general circulation in the county once a week for three consecutive weeks. The fair market value of real property in the case of a sale valued in excess of ten thousand dollars ($10,000) shall be determined by the county commissioners in consultation with two of the following: the county assessor, a certified broker-appraiser or certified real estate appraiser doing business within the county.(a.1)(1) The provisions of subsection (a) shall not be mandatory where county real property is to be sold to any of the following:(i) A city, borough, town, township, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the county.(ii) A municipal authority pursuant to 53 Pa.C.S. Ch. 56 (relating to municipal authorities).(iii) A nonprofit corporation or limited partnership in which a nonprofit corporation is a general partner and managing agent engaged in community industrial, commercial or affordable housing development or reuse for its exclusive use for industrial, commercial or affordable housing development. This exemption shall not apply to property owned and operated by a county or subcontracted or operated on behalf of a county in order to conduct existing government functions.(iv) A person for his exclusive use in an industrial development program.(v) A nonprofit corporation organized as a public library for its exclusive use as a library.(vi) A nonprofit medical service corporation for its exclusive use as a site for a medical service facility.(vii) A nonprofit housing corporation for its exclusive use for housing for the elderly or for low-income housing.(viii) The Federal Government.(x) An authority pursuant to the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law."(xi) A redevelopment authority pursuant to the act of May 24, 1945 (P.L. 991, No. 385), known as the "Urban Redevelopment Law."(2) When the real property is to be sold or leased to a qualified entity under this subsection, the commissioners may elect to accept such nominal consideration for such sale as it shall deem appropriate. Real property sold pursuant to this subsection to any entity under this subsection, other than a city, borough, town, township, institution district, school district, municipal authority pursuant to 53 Pa.C.S. Ch. 56 located within the county, the Federal Government or the Commonwealth shall be subject to the condition that when the property is not used for the purposes of the entity the property shall revert to the county.(b) In the case of any lease of real property by the county hereunder, such property, with any and all improvements or additions thereon or thereto, shall, in the hands of the lessee, be subject to taxation by such county and any other municipal or political subdivision therein, in the same manner as all other real estate located in such county, all of which taxes shall be levied and assessed against and paid by the lessee.(c) This section shall not apply to leases or sales of county property or other property which are otherwise specifically provided for by law.(d) This section shall not apply to sales to a nonprofit corporation engaged in community industrial, commercial or affordable housing development. Such conveyances or leases shall be at the sole discretion of the county.1953, July 28, P.L. 723, art. XXV, § 2506. Amended 2002, Dec. 9, P.L. 1383, No. 170, § 2, imd. effective.