PRINTER'S NO. 301
No. 263 Session of 2003
INTRODUCED BY SCHRODER, BENNINGHOFF, CAPPELLI, CORRIGAN,
FAIRCHILD, FEESE, FICHTER, HERSHEY, HORSEY, LEWIS, McGILL,
McNAUGHTON, R. MILLER, SATHER, SCAVELLO, SOLOBAY,
E. Z. TAYLOR, THOMAS, TIGUE AND YOUNGBLOOD, FEBRUARY 12, 2003
REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 12, 2003
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 further providing for exercise of eminent domain and for
5 restrictions as to certain property.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 2801 and 2802 of the act of June 23,
9 1931 (P.L.932, No.317), known as The Third Class City Code,
10 reenacted and amended June 28, 1951 (P.L.662, No.164), are
11 amended to read:
12 Section 2801. Exercise of Eminent Domain.--(a) In the
13 laying out, opening, widening, extending, vacating, grading, or
14 changing the grades or lines, of streets, the construction of
15 bridges, and the piers, abutments and approaches therefor, the
16 construction of slopes, embankments and sewers, including storm
17 water drains, the erection and extension of water-works, wharves
18 and docks, public buildings, public works, filtration plants,
1 sewage systems, sewage treatment works, garbage disposal plants,
2 lands and places for the disposal of ashes and other refuse
3 materials, gas plants, electric power and light plants, houses
4 of detention, workhouses, poor farms, poor houses, fire engine
5 houses, hospitals, public auditoriums, memorial buildings,
6 comfort stations, waiting stations, drinking fountains, and
7 libraries, the establishing of public recreation places, and
8 changing of watercourses, the acquisition of lands for use of
9 National Guard, and for all other purposes authorized by this
10 act and the laws of the Commonwealth, a city may enter upon,
11 appropriate, take, use, occupy, injure, or destroy, private
12 lands, property, toll bridges, or material. All such action by
13 the city shall be provided for by ordinance. A copy of each such
14 ordinance shall be recorded within thirty days after its
15 enactment in the office of the recorder of deeds in and for the
16 county or counties wherein such property is situate, and shall
17 be indexed in the name of the property owner affected thereby. A
18 copy of the ordinance shall be sent by registered mail to each
19 such property owner at his last known address.
20 (b) For purposes of this section, the term "public
21 recreation places" shall mean recreational areas as defined in
22 section 3 of the act of July 2, 1993 (P.L.359, No.50), known as
23 the Keystone Recreation, Park and Conservation Fund Act.
24 Section 2802. Restrictions as to Certain Property.--(a) In
25 addition to the restrictions made by other provisions of this
26 act in particular cases, no city shall exercise the right of
27 eminent domain as against land now occupied by any building
28 which was used during the Colonial or Revolutionary period as a
29 place of Assembly by the Council of the Colony of Pennsylvania,
30 the Supreme Executive Council of the Commonwealth of
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1 Pennsylvania, or the Congress of the United States; or as
2 against the land occupied by any fort, redoubt, or blockhouse,
3 erected during the Colonial or Revolutionary period, or any
4 building used as headquarters by the Commander-in-Chief of the
5 Continental Army, or as against the site of any building, fort,
6 redoubt, blockhouse, or headquarters, which are preserved for
7 their historic associations and not for private profit. The
8 Colonial and Revolutionary period shall be taken as ended on the
9 third day of September, one thousand seven hundred and eighty-
10 three.
11 (b) No city shall exercise the right of eminent domain as
12 against land situated in another municipality for the purpose of
13 establishing public recreation places as defined in section
14 2801(b) without the approval by resolution of the governing body
15 of the municipality in which the land is situated.
16 Section 2. This act shall take effect in 60 days.
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