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| PRIOR PRINTER'S NO. 842 | PRINTER'S NO. 1724 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, GREENLEAF, ALLOWAY, WASHINGTON, O'PAKE, M. WHITE AND FERLO, APRIL 3, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, MARCH 8, 2010 |
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| AN ACT |
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1 | Authorizing the Department of Transportation to sell land under |
2 | certain conditions; and repealing certain provisions of The |
3 | Administrative Code of 1929. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Sale of |
8 | Transportation Lands Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Department." The Department of Transportation of the |
14 | Commonwealth. |
15 | "Fund." The Motor License Fund. |
16 | "Preservation of open space." Includes The term includes the | <-- |
17 | following: |
18 | (1) Protection and conservation of water resources and |
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1 | watersheds. |
2 | (2) Protection and conservation of forests and land |
3 | being used to produce timber crops. |
4 | (3) Protection and conservation of farmland. |
5 | (4) Protection of existing or planned park, trail, |
6 | greenway, recreation or conservation sites. |
7 | (5) Protection and conservation of natural or scenic |
8 | resources, including beaches, streams, flood plains, steep |
9 | slopes and marshes. |
10 | (6) Protection of scenic areas for public visual |
11 | enjoyment from public rights-of-way. |
12 | (7) Preservation of sites of historic, geologic or |
13 | botanic interest. |
14 | (8) Promotion of sound, cohesive and efficient land |
15 | development by preserving open spaces between communities. |
16 | "Public agency." Includes The term includes an authority | <-- |
17 | and, a political subdivision and the Federal Government. | <-- |
18 | "Secretary." The Secretary of Transportation of the |
19 | Commonwealth. |
20 | Section 3. Sale of land. |
21 | (a) Authorization.--Notwithstanding the act of April 9, 1929 |
22 | (P.L.177, No.175), known as The Administrative Code of 1929, the |
23 | department, in accordance with appropriations and grants of |
24 | funds from Federal, State, regional, local or private agencies |
25 | and subject to subsection (b), in the exercise of its powers and |
26 | duties, may sell at public sale land acquired by the department |
27 | if the secretary determines that the land is not needed for |
28 | present or future transportation purposes. |
29 | (b) Conditions.--The following apply to a sale under |
30 | subsection (a): |
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1 | (1) If the land is improved, all of the following | <-- |
2 | subparagraphs apply: |
3 | (i) (1) The land must first be offered at its fair | <-- |
4 | market value as determined by the department to other public |
5 | agencies which demonstrate a public purpose for the land, |
6 | including the preservation of open space. |
7 | (ii) If the land is not transferred to a public | <-- |
8 | agency, all of the following clauses apply: |
9 | (A) If the land is occupied by a tenant, the |
10 | land must be offered to the tenant: |
11 | (I) except as set forth in subclause (II), |
12 | at its fair market value as determined by the |
13 | department; or |
14 | (II) if the tenant is the person from whom |
15 | the department acquired the land, at the |
16 | acquisition price, less costs, expenses and |
17 | reasonable attorney fees incurred by the person |
18 | as a result of the acquisition of the land by the |
19 | department. |
20 | (B) If the land is not occupied by a tenant and |
21 | the person from whom the department acquired the land |
22 | did not receive a replacement housing payment under |
23 | 26 Pa.C.S. § 903 (relating to replacement housing for |
24 | homeowners) or under former section 304.3 of the act |
25 | of June 1, 1945 (P.L.1242, No.428), known as the |
26 | State Highway Law, the land must first be offered to |
27 | that person at the acquisition price, less costs, |
28 | expenses and reasonable attorney fees incurred by the |
29 | person as a result of the acquisition of the land by |
30 | the department. |
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1 | (2) If the land is unimproved, all of the following |
2 | subparagraphs apply: |
3 | (i) The land must be offered at its fair market |
4 | value as determined by the department to other public |
5 | agencies which demonstrate a public purpose for the land, |
6 | including the preservation of open space. |
7 | (ii) If the land is not transferred to a public |
8 | agency, the following apply: |
9 | (A) Except as set forth in clause (B), the land |
10 | must be offered to the person from whom it was |
11 | acquired at its acquisition price, less costs, |
12 | expenses and reasonable attorney fees incurred by the |
13 | person as a result of the acquisition of the land by |
14 | the department. |
15 | (B) If the land abutting the land to be sold has |
16 | been conveyed to another person, the land to be sold |
17 | must be offered to that person at its fair market |
18 | value as determined by the department. |
19 | (3) For an offer under paragraph (1) or (2), all of the |
20 | following apply: |
21 | (i) except as set forth in subparagraph (ii), notice |
22 | must be sent by certified mail; |
23 | (ii) if notice cannot be effected under subparagraph |
24 | (i), notice must be effected in the manner required for |
25 | an in rem proceeding; or |
26 | (iii) the offeree must have 120 days after receipt |
27 | of notice to accept the offer in writing. |
28 | (2) The department shall submit for publication in the | <-- |
29 | Pennsylvania Bulletin notice that the land is contemplated |
30 | for sale, inviting interested public agencies to express |
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1 | their interest in purchasing the land within 30 calendar days |
2 | from the date of publication of the notice. |
3 | (c) Proceeds.--Proceeds from a sale of land acquired with |
4 | money from the fund shall be deposited into the fund. |
5 | Section 9. Repeals. |
6 | Repeals are as follows: |
7 | (1) The General Assembly declares that the repeal under |
8 | paragraph (2) is necessary to effectuate section 3. |
9 | (2) Section 2003(e)(7) of the act of April 9, 1929 |
10 | (P.L.177, No.175), known as The Administrative Code of 1929, |
11 | is repealed. |
12 | Section 10. Effective date. |
13 | This act shall take effect in 60 days. |
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