PRIOR PRINTER'S NO. 4184 PRINTER'S NO. 4302
No. 2746 Session of 2006
INTRODUCED BY HALUSKA, S. H. SMITH, CALTAGIRONE, DALEY,
FLAHERTY, GOODMAN, HERSHEY, KOTIK, McILHATTAN, PYLE,
R. STEVENSON, WOJNAROSKI, BELFANTI, BENNINGHOFF AND SIPTROTH,
JUNE 12, 2006
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 20, 2006
AN ACT
1 Authorizing the Department of Transportation, with the approval
2 of the Governor, to grant and convey to AMFIRE Mining
3 Company, LLC, the right to remove coal underlying certain
4 highway right-of-way situate in Cresson Township, Cambria
5 County.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. AMFIRE Mining Company, LLC.
9 (a) Conveyance authorized.--The Department of
10 Transportation, with the approval of the Governor, is authorized
11 and directed to grant and convey to AMFIRE Mining Company, LLC, <--
12 the right to remove coal underlying highway right-of-way for
13 State Routes 0022 and 0053 (the Cresson Interchange) situate in
14 Cresson Township, Cambria County, as described in subsection
15 (b), for fair market value as determined by the department, with
16 the approval of the Governor.
17 (b) Property description.--The highway right-of-way under
18 which the department is authorized to grant and convey coal
1 mining rights pursuant to this section consists of 87 acres,
2 more or less, shown as required right of way for Legislative
3 Route 1101 (State Route 0022) from Station 407+19 to Station
4 441+81 and Legislative Route 276 (State Route 0053) from Station
5 118+50 18+50 to Station 58+97, as shown on plans entitled <--
6 "Drawings Establishing Limited Access Highway And Authorizing
7 Condemnation of Right-of-Way for Leg Route 1101 Section G11R/W
8 In Cambria County, From Sta 403+49.00 to Sta 541+15.00 Length
9 13,700 Ft. 2.608 Mi., Also Leg Route 276 Section 38R/W , From
10 Sta 8+00 to Sta 65+25.00, Leg Route 11028 Section 2R/2W, From
11 Sta 12+25.00 to Sta 48+25.00," signed by the Governor on April
12 26, 1980, and recorded in the Cambria County Courthouse in State
13 Highway Right of Way Book A, Page 22, on April 29, 1980.
14 (c) Conditions.--The conveyance shall be made under and
15 subject to all of the following:
16 (1) Lawful and enforceable easements, servitudes and
17 rights of others.
18 (2) Lawful and enforceable estates or tenancies vested
19 in third persons appearing of record or not, for any portion
20 of the right-of-way or coal rights.
21 (3) ALL COSTS OF REMEDIATION TO THE HIGHWAY <--
22 INFRASTRUCTURE DUE TO SUBSIDENCE CAUSED BY COAL MINING
23 OPERATIONS OF THE GRANTEE SHALL BE BORNE BY THE GRANTEE.
24 (3) (4) Other terms and conditions as deemed appropriate <--
25 by the department to address issues relating to the removal
26 of coal underlying State highways by AMFIRE within the
27 Cresson Mine Permit boundaries, whether or not the coal is
28 owned by the Commonwealth.
29 (d) Conveyance.--The conveyance shall be by option and lease
30 agreement executed by the Secretary of Transportation in the
20060H2746B4302 - 2 -
1 name of the Commonwealth.
2 (e) Costs and fees.--Costs and fees incidental to the
3 conveyance shall be borne by the grantee.
4 Section 2. Effective date.
5 This act shall take effect immediately.
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