Bill Text: PA HB117 | 2009-2010 | Regular Session | Amended

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Bill Title: Authorizing the Department of Transportation to sell land under certain conditions; and making a related repeal.

Spectrum: Moderate Partisan Bill (Republican 15-3)

Status: (Engrossed - Dead) 2010-06-16 - Re-referred to APPROPRIATIONS [HB117 Detail]

Download: Pennsylvania-2009-HB117-Amended.html

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PRIOR PRINTER'S NO. 113 PRINTER'S NO. 2724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 117 Session of2009
INTRODUCED BY HARPER, BOYD, FLECK, GODSHALL, McILVAINE SMITH, MILLARD, MILLER, O'NEILL, PETRI, PYLE, QUINN, SIPTROTH, SWANGER, WATSON, CREIGHTON, MURT AND GEIST, JANUARY 30, 2009
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 30, 2009
AN ACT
Authorizing the Department of Transportation to sell land under
certain conditions; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Sale of
Transportation Lands Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"Fund." The Motor License Fund.
"Preservation of open space." Includes the following:
(1) Protection and conservation of water resources and
watersheds.
(2) Protection and conservation of forests and land
being used to produce timber crops.
(3) Protection and conservation of farmland.
(4) Protection of existing or planned park, trail,
greenway, recreation or conservation sites.
(5) Protection and conservation of natural or scenic
resources, including beaches, streams, floodplains, steep
slopes and marshes.
(6) Protection of scenic areas for public visual
enjoyment from public rights-of-way.
(7) Preservation of sites of historic, geologic or
botanic interest.
(8) Promotion of sound, cohesive and efficient land
development by preserving open spaces between communities.
"Public agency." Includes an authority and a political
subdivision.
"Secretary." The Secretary of Transportation of the
Commonwealth.
Section 3. Sale of land.
(a) Authorization.--Notwithstanding the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, the
department, in accordance with appropriations and grants of
funds from Federal, State, regional, local or private agencies
and subject to subsection (b), in the exercise of its powers and
duties, may sell at public sale land acquired by the department
if the secretary determines that the land is not needed for
present or future transportation purposes.
(b) Conditions.--The following apply to a sale under
subsection (a):
(1) If the land is improved, all of the following
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subparagraphs apply:
(i) The land must first be offered at its fair
market value as determined by the department to other
public agencies which demonstrate a public purpose for
the land, including, but not limited to, the preservation <--
of open space.
(ii) If the land is not transferred to a public
agency, all of the following clauses apply:
(A) If the land is occupied by a tenant, the
land must be offered to the tenant:
(I) except as set forth in subclause (II),
at its fair market value as determined by the
department; or
(II) if the tenant is the person from whom
the department acquired the land, at the
acquisition price, less costs, expenses and
reasonable attorney fees incurred by the person
as a result of the acquisition of the land by the
department.
(B) If the land is not occupied by a tenant and
the person from whom the department acquired the land
did not receive a replacement housing payment under
26 Pa.C.S. § 903 (relating to replacement housing for
homeowners) or under former section 304.3 of the act
of June 1, 1945 (P.L.1242, No.428), known as the
State Highway Law, the land must first be offered to
that person at the acquisition price, less costs,
expenses and reasonable attorney fees incurred by the
person as a result of the acquisition of the land by
the department.
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(2) If the land is unimproved, all of the following
subparagraphs apply:
(i) The land must be offered at its fair market
value as determined by the department to other public
agencies which demonstrate a public purpose for the land,
including, but not limited to, the preservation of open <--
space.
(ii) If the land is not transferred to a public
agency, the following apply:
(A) Except as set forth in clause (B), the land
must be offered to the person from whom it was
acquired at its acquisition price, less costs,
expenses and reasonable attorney fees incurred by the
person as a result of the acquisition of the land by
the department, if the person still retains title to <--
land abutting the land to be sold.
(B) If the land abutting the land to be sold has
been conveyed to another person, the land to be sold
must be offered to that person at its fair market
value as determined by the department.
(3) For an offer under paragraph (1) or (2), all of the
following apply:
(i) except as set forth in subparagraph (ii), notice
must be sent by certified mail;
(ii) if notice cannot be effected under subparagraph
(i), notice must be effected in the manner required for
an in rem proceeding; or
(iii) the offeree must have 120 days after receipt
of notice to accept the offer in writing.
(c) Proceeds.--Proceeds from a sale of land acquired with
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money from the fund shall be deposited into the fund.
Section 9. Repeals.
Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate section 3.
(2) Section 2003(e)(7) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
is repealed.
Section 10. Effective date.
This act shall take effect in 60 days.
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