PRIOR PRINTER'S NO. 2876 PRINTER'S NO. 4267
No. 2172 Session of 1989
INTRODUCED BY MURPHY, DECEMBER 6, 1989
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 12, 1990
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," authorizing the Department
21 of Transportation to convey excess real property to
22 governmental agencies, quasi-governmental agencies and
23 authorities.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 2003(e)(7) of the act of April 9, 1929
27 (P.L.177, No.175), known as The Administrative Code of 1929,
1 amended December 7, 1979 (P.L.478, No.100), is amended to read:
2 Section 2003. Machinery, Equipment, Lands and Buildings.--
3 The Department of Transportation in accord with appropriations
4 made by the General Assembly, and grants of funds from Federal,
5 State, regional, local or private agencies, shall have the
6 power, and its duty shall be:
7 * * *
8 (e) * * *
9 (7) Any other provisions of this act to the contrary
10 notwithstanding, the department may sell at public sale any land
11 acquired by the department if the secretary determines that the
12 land is not needed for present or future transportation
13 purposes:
14 (i) Improved land shall first be offered to other <--
15 governmental agencies, quasi-governmental agencies and
16 authorities. If none of the agencies or authorities acquire the
17 property FOR ITS FAIR MARKET VALUE TO OTHER PUBLIC AGENCIES <--
18 WHICH DEMONSTRATE A PUBLIC PURPOSE FOR THE LAND. IF NOT
19 TRANSFERRED TO A PUBLIC AGENCY, the improved land occupied by a
20 tenant of the department shall [first] then be offered to the
21 tenant at its fair market value as determined by the department,
22 except that if the tenant is the person from whom the department
23 acquired the land, it shall be offered to the tenant at the
24 acquisition price, less costs, expenses and reasonable
25 attorneys' fees incurred by the person as a result of the
26 acquisition of the land by the department. If there is no tenant
27 and the person from whom the department acquired the land did
28 not receive a replacement housing payment under section 602-A of
29 the "Eminent Domain Code," or under former section 304.3 of the
30 act of June 1, 1945 (P.L.1242, No.428), known as the "State
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1 Highway Law," the land to be sold shall first be offered to such
2 person at the acquisition price, less costs, expenses and
3 reasonable attorneys' fees incurred by the person as a result of
4 the acquisition of the land by the department.
5 (ii) Unimproved land shall first be offered to other <--
6 governmental agencies, quasi-governmental agencies and
7 authorities. If none of the agencies or authorities acquire the
8 property FOR ITS FAIR MARKET VALUE TO OTHER PUBLIC AGENCIES <--
9 WHICH DEMONSTRATE A PUBLIC PURPOSE FOR THE LAND. IF NOT
10 TRANSFERRED TO A PUBLIC AGENCY, the unimproved land shall
11 [first] then be offered to the person from whom it was acquired
12 at its acquisition price, less costs, expenses and reasonable
13 attorneys' fees incurred by the person as a result of the
14 acquisition of the land by the department, if the person still
15 retains title to land abutting the land to be sold. If the land
16 abutting the land to be sold has been conveyed to another
17 person, the land to be sold shall first be offered to that
18 person at its fair market value as determined by the department.
19 (iii) Notice of the offer described in either subclause (i)
20 or (ii) shall be sent by certified mail, or, if notice cannot be
21 so made, in the manner required for "in rem" proceedings. The
22 offeree shall have one hundred twenty (120) days after receipt
23 of notice to accept the offer in writing.
24 (iv) Revenue from any sale of land acquired with motor
25 license funds shall be deposited in the Motor License Fund.
26 (V) AS USED IN THIS CLAUSE, THE TERM "PUBLIC AGENCY" SHALL <--
27 INCLUDE POLITICAL SUBDIVISIONS AND AUTHORITIES.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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