8301 - Powers of court to authorize sale, etc. of real property.

                                CHAPTER 83                           INALIENABLE PROPERTY     Sec.     8301.  Powers of court to authorize sale, etc. of real            property.     8302.  Venue where real property is wholly in one county.     8303.  Venue where real property is in more than one county.     8304.  Procedure.     8305.  Sale of real property subject to future inalienable            interests; disposition of proceeds.     8306.  Title of purchaser.        Enactment.  Chapter 83 was added December 10, 1974, P.L.867,     No.293, effective immediately.        Prior Provisions.  Similar provisions were formerly contained     in Chapter 82 of this title.     § 8301.  Powers of court to authorize sale, etc. of real                property.        The court of common pleas, operating through its appropriate     division, may authorize the sale, mortgage, lease or exchange of     real property or grant declaratory relief with respect to real     property:            (1)  Where the legal title is held:                (i)  by a person whose spouse is an incapacitated            person, or has abandoned him or her for one year, or has            been absent in circumstances from which the law would            presume his or her decease;                (ii)  by a tenant of an estate by entireties, when            the other tenant of such estate has been absent in            circumstances from which the law would presume his or her            decease;                (iii)  by corporations of any kind having no capacity            to convey, or by any unincorporated association;                (iv)  by any religious, beneficial, or charitable            society or association, incorporated or unincorporated,            whose title is subject to forfeiture if real property is            held in excess of the amount authorized by law; or                (v)  by any religious, beneficial or charitable            society or association, incorporated or unincorporated,            whose title is subject to reversion, possibility of            reverter or right of reentry for condition broken if the            real property ceases to be used for a purpose specified            in a deed, subject to the following:                    (A)  A petition to declare the real property free                from reversion, possibility of reverter or right of                reentry shall contain an affidavit of an officer of                the religious, beneficial or charitable society or                association, stating in detail what reasonable                efforts have been made to locate or contact the                grantor or the grantor's heirs, successors or assigns                to obtain a conveyance of the reversion, possibility                of reverter or right of reentry, why the real                property should be declared free of the reversion,                possibility of reverter or right of reentry, and the                use of the funds, if any, to be derived from sale of                the real property.                    (B)  The court shall have the power to consider                all of the circumstances and to grant such equitable                relief as shall be just and proper and impose such                restrictions upon the use of the funds to be derived                from the sale of real property as the court shall                deem to be appropriate to further the religious,                beneficial or charitable purpose reflected in the                deed containing the reversion, possibility of                reverter or right of reentry for condition broken.            (2)  Where the legal title is an estate tail, or is        subject to contingent remainders, executory interests, or        remainders to a class some or all of whom may not be in being        or ascertained at the time of the entry of the decree.            (3)  Where the legal title is otherwise inalienable.     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 16, 1992,     P.L.1163, No.152, eff. imd.)        1992 Amendments.  See section 21 of Act 24 in the appendix to     this title for special provisions relating to applicability. See     section 27(b) of Act 152 in the appendix to this title for     special provisions relating to applicability.