Legal Opinion

Herder Spring Hunting Club v. Keller, Aplts

Supreme Court of Pennsylvania

Decided July 19, 2016No. 5 MAP 2015PublishedCited by 20 opinions

1Opinion of the Court

OPINION

Justice BAER.1

This case concerns the ownership of subsurface rights to a tract of land in Centre County. The parties’ claims rise or fall based upon whether a 1935 tax sale resulted in the transfer of the entire property or merely the surface rights. After extensive review of the historical law regarding tax sales of unseated land in Pennsylvania, we conclude that the tax sale related to the entire property at issue, including both the surface and subsurface estates.2 Accordingly, we affirm the Superior Court’s order vacating the grant of summary judgment in favor of the Appellants and…

2Cases cited35 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  3. Atcovitz v. Gulph Mills Tennis Club, Inc.Supreme Court of Pennsylvania · 2002
  4. Tracy v. County of Chester, Tax Claim BureauSupreme Court of Pennsylvania · 1985
  5. Tide Water Pipe Co. v. BellSupreme Court of Pennsylvania · 1924

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3Cited by20 opinions

  1. Cornwall Mountain Investments, L.P. v. Thomas E. Proctor Heirs TrustSuperior Court of Pennsylvania · 2017
  2. Woodhouse Hunting Club, Inc. v. Hoyt Royalty, LLCSuperior Court of Pennsylvania · 2018
  3. Black Wolf Rod & Gun v. International Dev.Superior Court of Pennsylvania · 2016
  4. Brandon Ira Wilchcombe v. City of Philadelphia, Renee Garcia, Individually and in her Official Capacity as the Chief of Philadelphia City Attorney, James Zwolak, Individually and in his Official Capacity as Chief Real Estate, Attorney for the City of Philadelphia, Goehring, Rutter & Boehm, George V. Baker, Jr., Rachel Bilal, Individually and in her Official Capacity as the Sheriff of Philadelphia County, Philadelphia County Sheriff’s Office, Bid4Assets, Inc. and TLH TD Properties, LLCDistrict Court, E.D. Pennsylvania · 2026
  5. Com. of PA, PA Game Comm. v. Int'l. Dev. Corp. & Atlantic Hydrocarbon (Bd. of Property)Commonwealth Court of Pennsylvania · 2022

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