Bill Text: PA HB1772 | 2009-2010 | Regular Session | Amended

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Bill Title: An Act amending the act of January 19, 1968 (1967 P.L.992, No.442), entitled "An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses," further providing for acquisition of interests in real property, for local taxing options and for exercise of eminent domain.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2009-12-16 - Re-committed to APPROPRIATIONS [HB1772 Detail]

Download: Pennsylvania-2009-HB1772-Amended.html

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PRIOR PRINTER'S NO. 2284 PRINTER'S NO. 3015
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1772 Session of2009
INTRODUCED BY MATZIE, D. COSTA, FRANKEL, JOSEPHS, KORTZ, MANN, MELIO, M. O'BRIEN, K. SMITH AND WALKO, JUNE 24, 2009
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 15, 2009
AN ACT
Amending the act of January 19, 1967 (1968 P.L.992, No.442) 1968 <--
(1967 P.L.992, No.442), entitled "An act authorizing the
Commonwealth of Pennsylvania and the local government units
thereof to preserve, acquire or hold land for open space
uses," further providing for acquisition of interests in real
property, for local taxing options and for exercise of
eminent domain.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(c) of the act of January 19, 1967 (1968 <--
P.L.922, No.442) 1968 (1967 P.L.992, No.442), entitled "An act <--
authorizing the Commonwealth of Pennsylvania and the local
government units thereof to preserve, acquire or hold land for
open space uses," amended December 18, 1996 (P.L.994, No.153),
is amended to read:
Section 5. Acquisition of Interests in Real Property.--* * *
(c) (1) A local government unit may acquire any interest in
real property situate within its boundaries by purchase,
contract, [condemnation, gift, devise or otherwise] gift or
devise, for any of the purposes set forth in clauses [(1)
through (8) of subsection (a) of this section, and may acquire
any interest in real property situate within its boundaries by
purchase, contract, gift or devise, for any of the purposes set
forth in clause (1) of subsection (b) of this section, including
limiting the use of real property to achieve open space benefits
by reselling real property acquired in fee simple, subject to
restrictive covenants or easements limiting the use thereof for
the purposes set forth in clauses (1) through (7) of subsection
(a) and clause (1) of subsection (b) of this section.] (1)
through (7) of subsection (a) and clause (1) of subsection (b),
or may limit the use of real property to achieve open space
benefits by reselling real property acquired in fee simple,
subject to restrictive covenants or easements limiting the use
thereof for those purposes.
(1.1) A county or county authority may also acquire any
interest in real property situate within its boundaries by
condemnation for any of the purposes set forth in clauses (1)
through (8) of subsection (a) in accordance with section 8 of
this act.
(2) During the time that real property or any interest in
real property acquired by a local government unit for open space
purposes in accordance with this act is held by the local
government unit, the real property shall be ineligible for the
purchase of agricultural conservation easements authorized in
the act of June 30, 1981 (P.L.128, No.43), known as the
"Agricultural Area Security Law."
Section 2. Section 7 of the act, amended February 2, 2006
(P.L.15, No.4), is amended to read:
Section 7. Property Acquired in Fee Simple.--If the owner of
the interests in real property to be acquired pursuant to the
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provisions of this act prefers to have the Commonwealth or the
local government unit acquire the property in fee simple, the
Commonwealth or the local government unit shall be required to
acquire the property in fee simple. All real property acquired
in fee simple by the Commonwealth, through either the Department
of Conservation and Natural Resources or the Department of
Agriculture under the provisions of this act, shall be offered
for resale publicly in the manner provided by law within two
years of the date of acquisition, subject to restrictive
covenants or easements limiting the land to such open space uses
as may be specified by the designating department or agency in
accordance with section 6 hereof, and consistent with the
resource, recreation, or land use plan established in accordance
with section [4] 3 hereof. [In the case of the Commonwealth,
such] Such resales may be made without specific authority of the
General Assembly and shall be through the Department of General
Services at public sale in the manner provided by law.
Section 3. Section 7.1(b) of the act, amended February 2,
2006 (P.L.15, No.4) and November 29, 2006 (P.L.1418, No.154), is
amended to read:
Section 7.1. Local Taxing Options.--* * *
(b) (1) Any of the following categories of real property
may be exempted from further millage increases:
(i) Real property in which the open space property interests
have been acquired by a local government unit in accordance with
this act.
(ii) Real property that is subject to an easement acquired
in accordance with the act of June 30, 1981 (P.L.128, No.43),
known as the "Agricultural Area Security Law."
(iii) Real property from which TDRs have been transferred
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and retired by a local government unit without their development
potential having occurred on other lands.
(2) The exemption from further millage increases authorized
by clause (1) shall become effective only if the [governing body
of each taxing district that imposes a tax on the real property
approves] the respective governing bodies of the county,
municipal corporation and school district approve the exemption
either by ordinance in the case of a county or municipal
corporation or by resolution in the case of a school
district[.], and only as long as each ordinance or resolution,
as applicable, remains in effect or is not repealed. The
ordinance or resolution shall state whether the millage freeze
is only to be applied to the general real estate millage or is
also to be applied to any other millages imposed by the taxing
district. At a minimum the millage freeze shall apply to the
taxing districts' general real estate millage.
(3) The exemption from further millage increases for real
property as provided for in this subsection shall be authorized
only for real property qualifying for such exemption under the
provisions of section 2(b)(1) of Article VIII of the
Constitution of Pennsylvania.
(4) If the [governing body of each taxing district so
resolves] respective governing bodies of the county, municipal
corporation and school district so resolve, the millage freeze
authorized herein shall apply to all eligible real property,
whether the real property met the criteria of this subsection
prior to or subsequent to the date of the ordinances and
resolution imposing the millage freeze. For prior acquisitions,
the date on which the millage rate shall be frozen is the date
that the last of the required ordinances or resolution becomes
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effective. For subsequent acquisitions, the date on which the
millage rate shall be frozen is the date the local government
unit completes the acquisition. The governing body of each
taxing district shall give prompt notice to the appropriate tax
collection agent of the exact amount of the millage, the date it
was frozen and each parcel to which the freeze applies.
(4.1) The millage freeze shall remain in effect if the
property is sold as long as the property continues to meet the
requirements of this subsection.
(5) The exemptions granted under this act shall not be
considered by the State Tax Equalization Board in deriving the
market value of school district real property so as to reduce
the subsidy to that school district or to increase the subsidy
to any other school district.
(6) Land currently enrolled in programs pursuant to the act <--
of December 19, 1974 (P.L.973, No.319), known as the
"Pennsylvania Farmland and Forest Land Assessment Act of 1974,"
shall not be eligible for the millage freeze. Land removed from
programs under this act shall be eligible for the tax freeze
upon their removal.
Section 4. Section 8 of the act, amended December 18, 1996
(P.L.944, No.153), is amended to read:
Section 8. Exercise of Eminent Domain.--(a) Use of
condemnation or the power of eminent domain to acquire interests
in real property for the purposes of this act shall be exercised
in accordance with the provisions of the Eminent Domain Code of
the Commonwealth.
(b) Notwithstanding the provisions of subsection (a) [or
section 5(c)], local government units other than counties or
county authorities may not exercise the power of eminent domain
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in carrying out the provisions of this act.
Section 5. This act shall take effect in 60 days.
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