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UNITED STATES v. 247 ACRES

UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF PENNSYLVANIA


April 30, 1952

UNITED STATES
v.
247 ACRES OF LAND, MORE OR LESS, CITY OF PITTSBURGH, PENNSYLVANIA et al.

The opinion of the court was delivered by: GOURLEY

The matter before this Court is a petition for rule to show cause why funds of the Government awarded for condemnation of certain parcels of land should be paid to the City of Pittsburgh as legal title holder to said parcels.

The facts, which have a bearing before the Court, have been stipulated as follows:

 The United States of America condemned certain land in the Twelfth Ward of the City of Pittsburgh, fully described in the condemnation proceedings. The parcels, involved in this Rule to Show Cause are:

 AA, AB, AC, AD, R, AF, M, Q and Y

 The Petition in Condemnation was filed by the United States of America on October 1, 1948, and the Declaration of Taking is dated September 20, 1948, and was filed October 1, 1948. Judgment on the Declaration was filed in Federal Court on October 8, 1948 and was recorded in the office of the Recorder of Deeds for Allegheny County, Pennsylvania, on November 5, 1948. The City of Pittsburgh was named as one of the defendants in the proceedings.

 Amendments to the Petition in Condemnation, Declaration of Taking and judgment on the Declaration were filed on March 11, 1949. The City of Pittsburgh, County of Allegheny and School District of Pittsburgh were named in said Amendments. The City of Pittsburgh was duly served and entered its appearance in the case on November 26, 1948. Copies of the Amendments above listed were served upon the City of Pittsburgh.

 The parcels of property above listed were sold by the City Treasurer of the City of Pittsburgh to the City on June 5, 1948, pursuant to the provisions of the Act of March 30, 1903, P.L. 106, as amended by the Act of July 5, 1947, P.L. 1258, 53 Pa.P.S. ยง 10201.1 et seq. Return of Sale was made to the Court of Common Pleas of Allegheny County, Pennsylvania, on September 14, 1948, at No. 2540 October Term, 1948. The sale was confirmed nisi on said date and was confirmed absolutely on September 28, 1948. The Treasurer's deed to the City is of record in the office of the Prothonotary for Allegheny County, Pennsylvania, in Treasurer's Deed Book Volume 5, page 200. The deed is dated December 30, 1948, acknowledge February 28, 1949, and was recorded on February 28, 1949. The same was duly delivered to the City.

 Under Section 3 of the aforesaid Act of 1947, a property owner whose land is sold under this statute may redeem the same at any time within one year from the date of said sale by payment to the City Treasurer of the full amount of all taxes due plus penalty, interest and costs.

 None of the assessed record owners involved in this proceeding redeemed their land by complying with Section 3 of the Act of 1947 and the sale of the several parcels to the City of Pittsburgh became absolute on June 5, 1949. Under Section 10 of the Act the City holds the land as trustee for the City, the School District of Pittsburgh and the County of Allegheny, in proportion to the claims for taxes of the three taxing bodies against the land. In the condemnation proceedings the Board of Viewers duly appointed by this Court fixes the values of the parcels of land involved herein as follows: Parcel AA... $ 400.00 Parcel AB... 400.00 Parcel AC... 350.00 Parcel AD... 400.00 Parcel R... 350.00 Parcel AF... 200.00 Parcel M... 1300.00 Parcel Q... 350.00 Parcel Y... 300.00

19520430

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