Pennsylvania § 16106 - Authority to sell or lease real property.

§ 16106. Authority to sell or lease real property.

(a) General rule.--The county commissioners may sell any estate in real property for not less than the fair market value. If the county 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, the knowledge or belief shall be advertised, together with the description of the land, in at least one newspaper of general circulation in the county. In the case that the fair market value of the real property is estimated to be in excess of $10,000, the fair market value shall be determined by the county commissioners in consultation with two of the following:

(1) The county assessor.

(2) Certified broker-appraisers.

(3) Certified real estate appraisers doing business within the county.

(b) Lease of property.--The county commissioners may lease an estate in real property owned by the county or other real property for which the county is the lessee. For a lease of county property, the property, with improvements or additions on or to the property, shall, in the hands of the lessee, be subject to taxation by the county and any other political subdivision in the county in the same manner as other real estate located in the county. The taxes shall be levied and assessed against and paid by the lessee.

(c) Exception.--Subsection (a) may not be mandatory if county real property is to be sold to any of the following:

(1) A political subdivision, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the county.

(2) A municipal authority under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

(3) 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 may 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.

(4) A person for the exclusive use of the property in an industrial development program.

(5) A nonprofit corporation organized as a public library for the exclusive use as a library.

(6) A nonprofit medical service corporation for the exclusive use as a site for a medical service facility.

(7) A nonprofit housing corporation.

(8) The Federal Government.

(9) The Commonwealth.

(10) An authority under the act of August 23, 1967 (P.L.251, No.102), known as the Economic Development Financing Law.

(11) A redevelopment authority under the act of May 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment Law.

(12) A public utility.

(13) A nonprofit organization providing community service or development activities.

(14) A nonprofit corporation established for the preservation of historical, architectural or aesthetic sites or artifacts.

(15) A nonprofit association or nonprofit corporation organized to acquire and maintain real property for the preservation, conservation and stewardship of open space.

(16) A council of government, consortium, cooperative or other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(d) Sale to qualified entity.--If the real property is sold or leased to a qualified entity under subsection (c), the commissioners may elect to accept nominal consideration for the sale as the commissioners deem appropriate. Real property sold under this subsection to an entity under subsection (c), other than a city, borough, town, township, institution district, school district, municipal authority under 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.

(e) Application.--This section does not apply to leases or sales of county property or other property which are otherwise specifically provided for by law.

(f) Transfer of interest in real property.--The commissioners shall provide for the transfer of an interest in real property under this section by deed or by written lease under the seal of the county, as applicable.

Cross References. Section 16106 is referred to in section 16102 of this title.