HOUSE AMENDED
PRIOR PRINTER'S NOS. 1153, 1293, 1153 PRINTER'S NO. 1601
No. 985 Session of 1979
INTRODUCED BY HOLL, OCTOBER 2, 1979
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 4, 1980
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for the disposition
6 of certain unused and unnecessary lands.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 707, act of March 10, 1949 (P.L.30,
10 No.14), known as the "Public School Code of 1949," is amended by
11 adding a clause to read:
12 Section 707. Sale of Unused and Unnecessary Lands and
13 Buildings.--The board of school directors of any district is
14 hereby vested with the necessary power and authority to sell
15 unused and unnecessary lands and buildings, by any of the
16 following methods and subject to the following provisions:
17 * * *
18 (12) Notwithstanding the foregoing provisions of this <--
1 section, in the case of property which has been acquired by
2 condemnation, if the condemned property has not been
3 substantially improved, it may not be disposed of by the
4 condemnor within ten (10) years without first being offered to
5 the condemnee at the same price paid to the condemnee by the
6 condemnor, the condemnee shall be served with notice of the
7 offer in the same manner as prescribed for service of notice
8 herein.
9 (12)(I) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS <--
10 SECTION, ANY PROPERTY WHICH WAS ORIGINALLY ACQUIRED BY
11 CONDEMNATION AND WHICH MEETS THE CRITERIA ENUMERATED IN
12 SUBCLAUSE (II) SHALL NOT BE DISPOSED OF BY THE CONDEMNOR WITHOUT
13 FIRST BEING OFFERED TO THE CONDEMNEE AT THE SAME PRICE PAID TO
14 THE CONDEMNEE BY THE CONDEMNOR. THE CONDEMNEE SHALL BE SERVED
15 WITH NOTICE OF THE OFFER IN THE SAME MANNER AS OTHERWISE
16 PRESCRIBED FOR SERVICE OF NOTICE.
17 (II) THE CRITERIA FOR THE APPLICATION OF THIS CLAUSE TO A
18 PARTICULAR PROPERTY ARE AS FOLLOWS:
19 (A) THE PROPERTY WAS ORIGINALLY ACQUIRED BY A SECOND CLASS
20 SCHOOL DISTRICT IN A SECOND CLASS A COUNTY BY CONDEMNATION
21 PURSUANT TO A DECLARATION OF TAKING FILED DURING 1970.
22 (B) THE PROPERTY CONSISTS OF NOT LESS THAN SEVENTY-FIVE
23 ACRES AND NOT MORE THAN EIGHTY-FIVE ACRES.
24 (C) THE PROPERTY IS UNUSED AND UNNECESSARY FOR THE PURPOSE
25 FOR WHICH IT WAS ORIGINALLY ACQUIRED.
26 (D) THE PROPERTY HAS NOT BEEN SUBSTANTIALLY IMPROVED SINCE
27 CONDEMNATION.
28 Section 2. This act shall take effect immediately and shall
29 apply to all property which has been acquired by condemnation
30 and has not been disposed of prior to the effective date hereof.
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