This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: Municipal Claims and Tax Liens Act

“Basic Family Unit” Under Municipal Claims And Tax Liens Act Defined As The Fundamental Part Of A Group Of Individuals Living Under One Roof

In this case out of Philadelphia, the Commonwealth Court was asked to weigh in on a redemption action to reclaim a property sold at a tax sale.  In affirming the lower court’s decision, the Commonwealth Court ruled on when a property is considered “vacant property” under the Municipal Claims and Tax Liens Act (the Act) such that it cannot be redeemed after the deed is acknowledged by the Sherriff, and what the time limitations are for making the final payment to redeem a property.

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Trial Courts Cannot Grant Petition For Sale For Unpaid Taxes Without Inquiry Into Factual Averments

In this case, the Commonwealth Court was asked to weigh in on the procedures a trial court must follow before it can order the sale of a property for unpaid taxes. Specifically, the court found that trial courts must make an independent inquiry into the facts asserted in the municipality’s petition for sale, and cite in its opinion the record evidence it relied upon in concluding that the petition’s factual averments were true.

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