HOUSE AMENDED
PRIOR PRINTER'S NOS. 597, 1279, 1456 PRINTER'S NO. 1604
No. 585 Session of 1981
INTRODUCED BY HOLL, MARCH 23, 1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JANUARY 26, 1982
AN ACT
1 Amending the act of June 22, 1964 (1st Sp.Sess., P.L.84, No.6),
2 entitled "An act to codify, amend, revise and consolidate the
3 laws relating to eminent domain," prohibiting the imposition
4 of taxes or fees on certain condemned property AND PROVIDING <--
5 FOR THE RESALE OF CERTAIN CONDEMNED PROPERTY.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsection (a) of section SECTION 410, act of <--
9 June 22, 1964 (1st Sp.Sess., P.L.84, No.6), known as the
10 "Eminent Domain Code," amended July 12, 1980 (P.L.654, No.135), <--
11 is amended to read:
12 Section 410. Abandonment of Project.--(a) If a condemnor
13 has condemned a fee and thereafter abandons the purpose for
14 which the property has been condemned, the condemnor may dispose
15 of it by sale or otherwise: Provided, however, That if the
16 property has not been substantially improved, it may not be
17 disposed of within three years after condemnation without first
18 being offered to the condemnee at the same price paid to the
1 condemnee by the condemnor: And provided further, That if the
2 property is not located within the corporate boundaries of a
3 county of the first or second class and has not been
4 substantially improved and was devoted to agricultural use at
5 the time of the condemnation, it may not be disposed of within
6 twelve years after condemnation without first being offered to
7 the condemnee at the same price paid to the condemnee by the
8 condemnor. and the condemnor may not condition the offer on the <--
9 payment by the condemnee of additional fees, real estate taxes,
10 payments in lieu of taxes or other costs. The condemnee shall be
11 served with notice of the offer in the same manner as prescribed
12 for the service of notices in subsection (b) of section 405 of
13 this act, and shall have ninety days after receipt of such
14 notice to make written acceptance thereof.
15 (B) THE CONDEMNOR MAY NOT CONDITION ANY OFFER REQUIRED TO BE <--
16 MADE TO A CONDEMNEE UNDER SUBSECTION (A), ON THE PAYMENT BY THE
17 CONDEMNEE OF ADDITIONAL FEES, REAL ESTATE TAXES OR PAYMENTS IN
18 LIEU OF TAXES OR OTHER COSTS.
19 [(B)] (C) AS USED IN THIS SECTION:
20 "AGRICULTURAL COMMODITY" MEANS ANY AND ALL PLANT AND ANIMAL
21 PRODUCTS INCLUDING CHRISTMAS TREES PRODUCED IN THIS STATE FOR
22 COMMERCIAL PURPOSES.
23 "AGRICULTURAL USE" MEANS USE OF THE LAND FOR THE PURPOSE OF
24 PRODUCING AN AGRICULTURAL COMMODITY OR WHEN DEVOTED TO AND
25 MEETING THE REQUIREMENTS AND QUALIFICATIONS FOR PAYMENTS OR
26 OTHER COMPENSATION PURSUANT TO A SOIL CONSERVATION PROGRAM UNDER
27 AN AGREEMENT WITH AN AGENCY OF THE FEDERAL GOVERNMENT. LAND
28 CONTAINING A FARMHOUSE OR OTHER BUILDINGS RELATED TO FARMING
29 SHALL BE DEEMED TO BE IN AGRICULTURAL USE.
30 * * * <--
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1 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
2 SECTION 411. CERTAIN RESALES TO ORIGINAL OWNERS.--ANY
3 CONDEMNOR, WHO ACQUIRES PROPERTY PURSUANT TO THE PROVISIONS OF
4 THIS ACT SOLELY FOR OR SUBSTANTIALLY FOR SUBTERRANEAN EXCAVATION
5 OR CONSTRUCTION, AND WHO UPON COMPLETION OF THE PROJECT PLANS TO
6 OFFER THE SURFACE OF THE CONDEMNED PROPERTY FOR SALE IN AN
7 UNIMPROVED CONDITION OR IN A CONDITION SIMILAR TO THAT IN WHICH
8 THE PROPERTY WAS UPON ACQUISITION, SHALL FIRST OFFER TO SELL THE
9 AFFECTED PROPERTY TO THE ORIGINAL OWNER OR OWNERS FOR THE
10 APPRAISED FAIR MARKET VALUE OF THE PROPERTY AT THE TIME OF THE
11 COMPLETION OF THE PROJECT.
12 Section 2 3. This act shall take effect in 60 days. <--
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