PRIOR PRINTER'S NO. 1180 PRINTER'S NO. 1795
No. 1026 Session of 1975
INTRODUCED BY MESSRS. ITKIN, BONETTO, BURNS, ZEARFOSS, REED,
McINTYRE, MRS. KERNICK AND Mr. McCLATCHY, APRIL 16, 1975
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 1975
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for
21 powers and duties of the Secretary of Transportation as to
22 real property.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Clause (e) of section 2003, act of April 9, 1929
26 (P.L.177, No.175), known as "The Administrative Code of 1929,"
27 is amended to read:
1 Section 2003. Machinery, Equipment, Lands and Buildings.--
2 The Department of Transportation in accord with appropriations
3 made by the General Assembly, and grants of funds from Federal,
4 State, regional, local or private agencies, shall have the
5 power, and its duty shall be:
6 * * *
7 (e) [With the approval of the Governor and of the Department
8 of Property and Supplies to] To purchase or otherwise acquire,
9 land in fee simple or such lesser estate or interest as it shall
10 determine, in the name of the Commonwealth, for [the purpose of
11 erecting thereon garages, storage sheds, or other buildings
12 necessary in connection with the construction or maintenance of
13 highways] all transportation purposes, including marking,
14 rebuilding, relocating, widening, reconstructing, repairing and
15 maintaining State designated highways and other transportation
16 facilities, and to erect on the land thus acquired such garages,
17 storage sheds or other buildings, structures or facilities as
18 shall be required for transportation purposes.
19 The department shall also have authority to acquire land <--
20 abutting a highway or other transportation facility if the
21 secretary determines that such land has been or is likely to be
22 adversely affected by reason of its proximity to such highway or
23 other transportation facility, or that such land is required for
24 the purpose of mitigating adverse effects on other land
25 proximate to such highway or other transportation facility.
26 (1) The department may PURCHASE OR OTHERWISE acquire <--
27 landlocked parcels and other remainders in excess of the right-
28 of-way needed for highways or other transportation facilities,
29 but remainders may be condemned only if department appraisals
30 indicate no substantial difference between the cost of acquiring
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1 only the land needed for right-of-way purposes and the cost of
2 acquiring both the required parcel and the remainder.
3 (2) THE DEPARTMENT SHALL ALSO HAVE AUTHORITY TO PURCHASE <--
4 LAND ABUTTING A HIGHWAY OR OTHER TRANSPORTATION FACILITY IF THE
5 SECRETARY DETERMINES THAT SUCH LAND HAS BEEN OR IS LIKELY TO BE
6 ADVERSELY AFFECTED BY REASON OF ITS PROXIMITY TO SUCH HIGHWAY OR
7 OTHER TRANSPORTATION FACILITY, AND TO PURCHASE OR OTHERWISE
8 ACQUIRE SUCH LAND IF THE SECRETARY DETERMINES IT IS REQUIRED FOR
9 THE PURPOSE OF MITIGATING ADVERSE EFFECTS ON OTHER LAND
10 PROXIMATE TO SUCH HIGHWAY OR OTHER TRANSPORTATION FACILITY.
11 (3) Any other provisions of this act, to the contrary <--
12 notwithstanding, the secretary may sell at public sale or may
13 exchange any land acquired by the department if he determines
14 that the land is no longer needed for present or future
15 transportation purposes: Provided, however, That it may not be
16 disposed of within ten years after its acquisition without first
17 being offered to the person from whom it was acquired at the
18 same price paid to him by the Commonwealth, less costs, expenses
19 and reasonable attorney's fees incurred by such person as a
20 result of the acquisition of the land by the Commonwealth:
21 Provided, That where the Commonwealth acquired only a portion of
22 the contiguous land of such person, the Commonwealth's
23 obligation to offer unneeded land to such person as aforesaid
24 shall extend only to land abutting other land to which such
25 person has retained title. The person from whom the land was
26 acquired shall be served with notice of the offer by registered
27 or certified mail and shall have one hundred twenty days after
28 receipt of such notice to make written acceptance thereof. The
29 secretary shall pay real estate taxes to the county,
30 municipality and school district on excess remainders,
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1 landlocked parcels and any other land or improvements located
2 outside of the right-of-way until such land shall be used for
3 highway or other transportation purposes, or conveyed. Revenue
4 from any sale or exchange of land acquired with motor license
5 funds shall be deposited in the Motor License Fund.
6 (4) When the secretary determines that it is necessary to <--
7 condemn land for highway or other transportation purposes or for
8 other purposes specified herein he shall submit to the Governor <--
9 PREPARE a description or plan thereof containing the names of <--
10 the owners or reputed owners, an indication of the estate or
11 interest to be condemned and such other information as he shall
12 deem necessary. Approval of such plan by the Governor SUCH PLAN <--
13 shall constitute authority for the secretary to file a
14 declaration of taking in accordance with the act of June 22,
15 1964 (P.L.84, No.6), known as the "Eminent Domain Code." Upon <--
16 approval by the Governor, the THE description or plan shall be <--
17 filed as a public record in the department and a copy thereof
18 shall be recorded in the office of the recorder of deeds in the
19 proper county or counties. Payment for such filing shall be as
20 provided in section 404 of the "Eminent Domain Code."
21 (5) The secretary shall have the power to promulgate such <--
22 reasonable rules and regulations as he deems necessary to carry
23 out the provisions of this subsection.
24 * * *
25 Section 2. It is the legislative intent to establish the
26 authority and procedure for the acquisition of land for all
27 State designated highways and other transportation facilities
28 and for the disposition thereof. The provisions of section 210
29 of the act of June 1, 1945 (P.L.1242, No.428), known as the
30 "State Highway Law," and of section 8 of the act of May 29, 1945
19750H1026B1795 - 4 -
1 (P.L.1108, No.402), entitled "An act authorizing the
2 establishment, construction and maintenance of limited access
3 highways and local service highways; and providing for closing
4 certain highways; providing for the taking of private property
5 and for the payment of damages therefor; providing for sharing
6 the costs involved and for the control of traffic thereover;
7 providing penalties, and making an appropriation," are
8 superseded in so far as they may be inconsistent with this act;
9 and Article III of the "State Highway Law" is repealed
10 absolutely.
11 Section 3. This act shall not authorize condemnation of land
12 for the opening of any street, lane, alley or public road
13 through any land used as a burial ground or for cemetery
14 purposes or through any land already acquired and intended to be
15 used for a burial ground or for cemetery purposes, nor shall
16 anything herein contained be construed to alter or repeal the
17 requirements of subsection (d) of section 2, act of May 29, 1945
18 (P.L.1108, No.402), entitled "An act authorizing the
19 establishment, construction and maintenance of limited access
20 highways and local service highways; and providing for closing
21 certain highways; providing for the taking of private property
22 and for the payment of damages therefor; providing for sharing
23 the costs involved and for the control of traffic thereover;
24 providing penalties, and making an appropriation."
25 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
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