Section 2306 - Authority to sell or lease real property(a) The commissioners may sell any estate in real property for not less than the fair market value . 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 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 ten thousand dollars ($10,000), the fair market value shall be determined by the commissioners in consultation with two of the following: the county assessor, certified broker-appraisers or certified real estate appraisers doing business within the county. (a.1) The commissioners may lease any estate in real property owned by the county or such real property for which the county is the lessee. In the case of any lease of county property 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 political subdivision therein, in the same manner as other real estate located in the county. Such taxes shall be levied and assessed against and paid by the lessee. (b) The provisions of subsection (a) shall not be mandatory where 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 pursuant to 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 shall not apply to property owned and operated by a county or subcontracted or operated on the 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 its exclusive use as a library.(6) A nonprofit medical service corporation for its exclusive use as a site for a medical service facility.(7) A nonprofit housing corporation .(8) The Federal Government.(10) An authority pursuant to the act of August 23, 1967 ( P.L. 251, No.102), known as the "Economic Development Financing Law."(11) A redevelopment authority pursuant to the act of May 24, 1945 ( P.L. 991, No.385), known as the "Urban Redevelopment Law."(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 pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).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 the commissioners 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.
(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) The commissioners shall provide for the transfer of any interest in real property under this section by deed, or by written lease, under the seal of the county, as applicable.Amended by P.L. TBD 2018 No. 154, § 91, eff. 12/24/2018.1955, Aug. 9, P.L. 323, § 2306. Amended 1982, April 29, P.L. 359, No. 100, § 4, imd. effective; 1994, Nov. 23, P.L. 640, No. 98, § 5, imd. effective; 2000, Oct. 18, P.L. 541, No. 73, § 1, effective in 60 days; 2000, Dec. 22, P.L. 1019, No. 142, § 12, effective in 60 days; 2001, June 25, P.L. 666, No. 57, § 3, effective in 60 days.