PRIOR PRINTER'S NO. 901 PRINTER'S NO. 2197
No. 798 Session of 1975
INTRODUCED BY MESSRS. LAUDADIO, LETTERMAN, MORRIS, McCLATCHY,
FISHER, CAPUTO, M. E. MILLER, ARTHURS, LEVI, W. W. WILT,
YAHNER AND GILLETTE, MARCH 18, 1975
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 1975
AN ACT
1 Amending the act of July 9, 1959 (P.L.510, No.137), entitled, as
2 amended, "An act relating to the public lands of the
3 Commonwealth; defining such land; providing for the sale of
4 vacant and unimproved public lands and the price to be paid
5 therefor; providing for the conveyance of title to vacant and
6 unappropriated public land to the Department of Forests and
7 Waters for forest culture, forest reservation, or State park
8 purposes; providing for the conveyance of title to all public
9 lands for which applications have been made or warrants
10 issued and to all persons having rights by settlement and
11 improvement upon payment of the purchase price; providing for
12 the release of liens for unpaid purchase price in certain
13 cases; preventing the granting of title to lands and islands
14 in the bed of navigable rivers and streams declared by law to
15 be public highways except in certain cases; and prescribing
16 the duties of the Department of Community Affairs with
17 respect to the administration of the public lands and the
18 records thereof, including surveys of county and Commonwealth
19 boundaries and documents having to do with early titles,"
20 further providing for and changing certain fees.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Sections 4 and 8, act of July 9, 1959 (P.L.510,
24 No.137), known as the "Pennsylvania Public Lands Act," are
25 amended to read:
26 Section 4. Application for Warrant and Patent.--Subject to
1 the right of the Department of [Forests and Waters] <--
2 ENVIRONMENTAL RESOURCES to acquire and have the lands patented <--
3 to the Commonwealth for forest culture, forest reservation or
4 State park purposes, as provided by section 6 of this act, any
5 person may make application for a warrant to have a survey made
6 of any tract of vacant or unappropriated land, and on the return
7 thereof, together with proofs of advertisement, have a patent
8 issued thereon to the named applicant by the department, with
9 the approval of the Governor, provided any caveat entered is
10 finally disposed of in favor of applicant and the applicant has
11 complied with all applicable laws and regulations. The sum of
12 fifty dollars ($50.00) shall accompany the application, which
13 sum shall be credited to the fees required by this act.
14 Section 8. Board of Appraisers.--Upon application for vacant
15 land, the land shall be appraised by a board of appraisers,
16 comprising three disinterested persons appointed by the
17 department, who are residents of the county or counties wherein
18 the land is situate, of whom one shall be an attorney at law who
19 shall act as chairman, one a registered professional engineer,
20 and one a licensed real estate broker.
21 The persons so appointed shall swear or affirm, before an
22 officer authorized to administer oaths, faithfully to perform
23 the duties herein prescribed, and that they are not directly or
24 indirectly interested in the application. They shall proceed to
25 value the land by going upon it and taking into consideration
26 soil, timber, fisheries, minerals, location and other
27 advantages, and shall determine the value thereof. In the case
28 of improved land, the value of the improvements shall not be
29 included in the valuation. The chairman of the board shall
30 prepare and transmit the report of the board to the department.
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1 Having agreed upon the valuation, the chairman shall certify the
2 same to the department in his report within thirty days after
3 the appointment of the board. If any of the board of appraisers
4 so appointed shall fail, neglect or refuse to perform any of
5 their duties within thirty days of their appointment, the
6 department may vacate the appointment and appoint another board
7 of appraisers to perform the work in the same manner as the
8 original board. The members of the board shall be entitled to a
9 fee of [twenty-five dollars ($25.00)] fifty dollars ($50.00)
10 each and the chairman shall receive an additional twenty-five
11 dollars ($25.00) for the preparation of the report.
12 Section 2. This act shall take effect immediately.
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