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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY SCARNATI AND WONDERLING, JUNE 11, 2009 |
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| REFERRED TO TRANSPORTATION, JUNE 11, 2009 |
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| AN ACT |
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1 | Authorizing the turn back from the Commonwealth to Ward |
2 | Township, Tioga County, of the road known as Old Possessions |
3 | Road in Ward Township, Tioga County; and providing for the |
4 | powers and duties of the Secretary of Conservation and |
5 | Natural Resources. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Turn back of Old Possessions Road in Ward Township, |
9 | Tioga County. |
10 | (a) Authorization.--The road known as Old Possessions Road |
11 | in Ward Township, Tioga County, extending from Mountain Ridge |
12 | Road to River Road, and having a total length of 3.8 miles, is |
13 | hereby turned back from the Commonwealth to Ward Township, Tioga |
14 | County, provided that the conditions specified in subsection (b) |
15 | are satisfied. |
16 | (b) Conditions.–-In order for the turn back of the road |
17 | under subsection (a) to take effect, the following conditions |
18 | must be satisfied: |
19 | (1) The governing body of Ward Township, Tioga County |
20 | must, by ordinance or resolution, approve the turn back and |
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1 | agree to assume the expense of maintenance and improvement of |
2 | the road. |
3 | (2) A copy of the ordinance or resolution must be |
4 | submitted to the Secretary of Conservation and Natural |
5 | Resources with a request for an order of turn back from the |
6 | secretary. |
7 | (3) If the Secretary of Conservation and Natural |
8 | Resources determines, after reviewing the request submitted |
9 | under paragraph (2), that the township: |
10 | (i) has complied with paragraphs (1) and (2), the |
11 | secretary shall give public notice of the request by |
12 | advertising three times, each publication on a different |
13 | day, in one newspaper of general circulation within the |
14 | township and by posting a copy of the request in a |
15 | conspicuous place along the road; or |
16 | (ii) has not complied with paragraphs (1) and (2), |
17 | the secretary shall notify the township in writing of the |
18 | basis for the noncompliance and provide the township with |
19 | an opportunity to take corrective action to comply with |
20 | paragraphs (1) and (2) and resubmit its request. |
21 | (4) The Secretary of Conservation and Natural Resources |
22 | shall publish a statement of compliance with paragraphs (1), |
23 | (2) and (3)(i) as a notice in the Pennsylvania Bulletin. |
24 | (c) Ownership of real property.--The ownership of the real |
25 | property underlying the roadway shall continue to be retained by |
26 | the Department of Conservation and Natural Resources in regard |
27 | to State forest land and by private property owners for those |
28 | portions of the road crossing privately owned property. |
29 | (d) Vacation on roadway.--If the township vacates the |
30 | roadway, the status of the roadway shall be automatically |
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1 | reinstated and the road shall be turned back from Ward Township, |
2 | Tioga County, to the Commonwealth. Upon the occurrence of a |
3 | reinstatement the secretary shall give notice in the |
4 | Pennsylvania Bulletin that the reversion has occurred. |
5 | (e) Effective date of turn back.--The date of publication of |
6 | the notice under subsection (b)(4) shall be the date on which |
7 | the turn back shall take effect. |
8 | Section 2. Effective date. |
9 | This act shall take effect in 60 days. |
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