62 Pa. Stat. § 2363

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2363 - Independent poor districts in two counties
(a) If an independent poor district lies in two or more municipalities and in more than one county, the property, real and personal, of the independent poor district is hereby transferred to and vested in such municipalities, in proportion to the last assessed valuations of their real estate for county purposes, after all the obligations of the poor district have been paid. For this purpose, the court of common pleas of the county, in which the real estate of the district is situate, shall have power to make a decree of distribution on petition of any municipality interested or of the commissioners of either county. Any such decree, affecting the title to real estate, shall be recorded in the office for the recording of deeds of the county in which such real estate lies: Provided, however, That the transfer and vesting of such property in municipalities shall be subject to the following conditions: The commissioners of both counties as officers of the institution districts are hereby given possession of any real estate so transferred and vested, and of all tangible personal property used in connection with it, and shall remain in possession of such real and tangible personal property so long as a majority of the commissioners of each county shall decide that the purposes of the two institution districts require it, or until one or both of the institution districts shall acquire the property by purchase or by right of eminent domain. If a majority of the commissioners of either county shall decide that they no longer require such property for the purposes of their institution district, the commissioners of the other county may remain in possession of the property so long as they shall decide that the purposes of their institution district require it. During this period of possession, the institution district or districts in possession shall pay a fair rental, to be fixed and apportioned by the court of common pleas having jurisdiction, on petition of the commissioners of either county or of any municipality interested. Such possession shall be good against any purchaser from the municipalities. If the municipalities shall receive a bona fide offer to buy any of the property so transferred and vested, the court of common pleas having jurisdiction shall, on petition by any municipality interested, require the commissioners of each county, within a reasonable time, to be fixed by the court, to match the offer or to make a better offer, or to take the property by right of eminent domain, and, if they do not do so, the court shall permit the municipalities to sell in compliance with such offer, free of the commissioners' right of possession. The right of eminent domain shall be exercised only by the commissioners of the county in which the property to be taken is situated.
(b) If the independent poor district has any outstanding obligations, the commissioners of both counties, as poor directors of the independent poor district, shall receive from the municipalities, and they shall pay to the commissioners, any money transferred or any moneys realized by the municipalities from any property transferred and vested by this section, not, however, exceeding the amount of such obligations, and the commissioners shall apply such sums to meet the obligations of the independent poor district. The commissioners of both counties, as poor directors of the independent poor district, shall have the power to levy and collect, annually, a special tax within the former independent poor district for the payment of such obligations not otherwise paid for.
(c) If a majority of the commissioners of each county cannot agree as to the exercise of any power or the performance of any duty imposed on them by this section, the dispute shall be settled by an order of the court of common pleas having jurisdiction on petition of any party in interest.
(d) The court of common pleas of the county, in which the real estate of the independent poor district is situate, shall have exclusive jurisdiction of all proceedings brought in accordance with this section.
(e) On petition of any party in interest, the Supreme Court shall designate a judge to sit specially to decide any matter arising under the provisions of this section.

62 P.S. § 2363

1937, June 24, P.L. 2017, art. VI, § 603, effective 1/1/1938.