PRINTER'S NO. 3185

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2525 Session of 1994


        INTRODUCED BY STAIRS, TRELLO, MERRY, HENNESSEY AND E. Z. TAYLOR,
           FEBRUARY 2, 1994

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 2, 1994

                                     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     providing for appraisal fees.

    21     The General Assembly of the Commonwealth of Pennsylvania
    22  hereby enacts as follows:
    23     Section 1.  Section 8 of the act of July 9, 1959 (P.L.510,
    24  No.137), known as the Pennsylvania Public Lands Act, is amended
    25  to read:
    26     Section 8.  Board of Appraisers.--Upon application for vacant


     1  land, the land shall be appraised by a board of appraisers,
     2  comprising three disinterested persons appointed by the
     3  department, who are residents of the county or counties wherein
     4  the land is situate, of whom one shall be an attorney at law who
     5  shall act as chairman, one a registered professional engineer,
     6  and one a licensed real estate broker.
     7     The person so appointed shall swear or affirm, before an
     8  officer authorized to administer oaths, faithfully to perform
     9  the duties herein prescribed, and that they are not directly or
    10  indirectly interested in the application. They shall proceed to
    11  value the land by going upon it and taking into consideration
    12  soil, timber, fisheries, minerals, location and other
    13  advantages, and shall determine the value thereof. In the case
    14  of improved land, the value of the improvements shall not be
    15  included in the valuation. The chairman of the board shall
    16  prepare and transmit the report of the board to the department.
    17  Having agreed upon the valuation, the chairman shall certify the
    18  same to the department in his report within thirty days after
    19  the appointment of the board. If any of the board of appraisers
    20  so appointed shall fail, neglect or refuse to perform any of
    21  their duties within thirty days of their appointment, the
    22  department may vacate the appointment and appoint another board
    23  of appraisers to perform the work in the same manner as the
    24  original board. The members of the board shall be entitled to a
    25  fee [of twenty-five dollars ($25.00) each and the chairman shall
    26  receive an additional twenty-five dollars ($25.00) for the
    27  preparation of the report] in an amount as agreed upon by the
    28  Pennsylvania Historical and Museum Commission, the board of
    29  appraisers and the applicant.
    30     Section 2.  This act shall take effect in 60 days.
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