SENATE AMENDED
PRIOR PRINTER'S NO. 622 PRINTER'S NO. 4272
No. 560 Session of 1989
INTRODUCED BY PETRONE, FEE, DeLUCA, HALUSKA, TRELLO, BELFANTI,
VEON, PISTELLA, McCALL, NOYE, DISTLER, GIGLIOTTI, HERMAN,
CAWLEY, HESS, VAN HORNE, CORRIGAN, COLAIZZO, FARGO,
J. L. WRIGHT, DALEY, WOZNIAK, GRUPPO, PETRARCA, HOWLETT AND
MURPHY, FEBRUARY 15, 1989
SENATOR CORMAN, TRANSPORTATION, IN SENATE, AS AMENDED,
NOVEMBER 12, 1990
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing an opportunity for
3 municipalities to purchase real property being disposed of by
4 public utilities engaged in a railroad business.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 66 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 2709. Disposition of real property by public utility engaged
10 in railroad business.
11 (a) Notice.--Before a public utility engaged in a railroad
12 business disposes of real property previously used as a roadbed
13 right-of-way, it must notify the COUNTY, city, borough, <--
14 incorporated town or township in which the real property is
15 located; and it must notify the DEPARTMENT OF TRANSPORTATION, <--
16 THE Pennsylvania Game Commission, the Pennsylvania Fish
1 Commission and the Department of Environmental Resources.
2 Notifications shall be in writing.
3 (b) Procedure after notice.--
4 (1) If a municipality OR ANY AUTHORITY CREATED BY A <--
5 MUNICIPALITY OR GROUP OF MUNICIPALITIES makes an offer to
6 purchase the real property within 60 days of receiving notice
7 under subsection (a), the public utility shall accept or
8 reject the offer.
9 (2) If a municipality OR ANY AUTHORITY CREATED BY A <--
10 MUNICIPALITY OR GROUP OF MUNICIPALITIES does not make an
11 offer to purchase the real property within 60 days of
12 receiving notice under subsection (a) or if the public
13 utility rejects the offer of a municipality, the
14 administrative agencies specified in subsection (a) have 60
15 days to decide on making an offer for the real property. If
16 an administrative agency makes an offer under this paragraph,
17 the public utility shall consider the offer and make a
18 decision on the offer before making other disposition of the
19 property. IF MORE THAN ONE ADMINISTRATIVE AGENCY MAKES AN <--
20 OFFER, THE PUBLIC UTILITY SHALL CONSIDER THE OFFERS IN THE
21 FOLLOWING ORDER: THE DEPARTMENT OF TRANSPORTATION, THE
22 DEPARTMENT OF ENVIRONMENTAL RESOURCES, THE PENNSYLVANIA GAME
23 COMMISSION AND THE PENNSYLVANIA FISH COMMISSION.
24 (c) Violation.--If a public utility engaged in a railroad
25 business disposes of real property previously used as a roadbed
26 right-of-way without complying with this section, the
27 disposition is voidable.
28 (d) Compliance.--The notification requirements of this
29 section shall be deemed to have been complied with if the
30 executed, notarized and recorded deed conveying the property
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1 contains a recital affirming that the notifications required
2 under this section were made. A copy of each notice shall be
3 appended to the deed when it is recorded.
4 Section 2. This act shall take effect in 60 days.
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