PRINTER'S NO. 4184
No. 2746 Session of 2006
INTRODUCED BY HALUSKA, S. H. SMITH, CALTAGIRONE, DALEY,
FLAHERTY, GOODMAN, HERSHEY, KOTIK, McILHATTAN, PYLE,
R. STEVENSON AND WOJNAROSKI, JUNE 12, 2006
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 12, 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
19 mining rights pursuant to this section consists of 87 acres,
1 more or less, shown as required right of way for Legislative
2 Route 1101 (State Route 0022) from Station 407+19 to Station
3 441+81 and Legislative Route 276 (State Route 0053) from Station
4 118+50 to Station 58+97, as shown on plans entitled "Drawings
5 Establishing Limited Access Highway And Authorizing Condemnation
6 of
7 Right-of-Way for Leg Route 1101 Section G11R/W In Cambria
8 County, From Sta 403+49.00 to Sta 541+15.00 Length 13,700 Ft.
9 2.608 Mi., Also Leg Route 276 Section 38R/W , From Sta 8+00 to
10 Sta 65+25.00, Leg Route 11028 Section 2R/2W, From Sta 12+25.00
11 to Sta 48+25.00," signed by the Governor on April 26, 1980, and
12 recorded in the Cambria County Courthouse in State Highway Right
13 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) Other terms and conditions as deemed appropriate by
22 the department to address issues relating to the removal of
23 coal underlying State highways by AMFIRE within the Cresson
24 Mine Permit boundaries, whether or not the coal is owned by
25 the Commonwealth.
26 (d) Conveyance.--The conveyance shall be by option and lease
27 agreement executed by the Secretary of Transportation in the
28 name of the Commonwealth.
29 (e) Costs and fees.--Costs and fees incidental to the
30 conveyance shall be borne by the grantee.
20060H2746B4184 - 2 -
1 Section 2. Effective date.
2 This act shall take effect immediately.
E23L85VDL/20060H2746B4184 - 3 -