THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, GREENLEAF, ALLOWAY, WASHINGTON, O'PAKE, M. WHITE AND FERLO, APRIL 3, 2009

AS AMENDED ON SECOND CONSIDERATION, MARCH 8, 2010   

AN ACT

Authorizing the Department of Transportation to sell land under

certain conditions; and repealing certain provisions of The

Administrative Code of 1929.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Sale of

Transportation Lands Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of Transportation of the

Commonwealth.

"Fund."  The Motor License Fund.

"Preservation of open space."  Includes The term includes the

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following:

(1)  Protection and conservation of water resources and

watersheds.

(2)  Protection and conservation of forests and land

being used to produce timber crops.

(3)  Protection and conservation of farmland.

(4)  Protection of existing or planned park, trail,

greenway, recreation or conservation sites.

(5)  Protection and conservation of natural or scenic

resources, including beaches, streams, flood plains, steep

slopes and marshes.

(6)  Protection of scenic areas for public visual

enjoyment from public rights-of-way.

(7)  Preservation of sites of historic, geologic or

botanic interest.

(8)  Promotion of sound, cohesive and efficient land

development by preserving open spaces between communities.

"Public agency."  Includes The term includes an authority

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and, a political subdivision and the Federal Government.

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"Secretary."  The Secretary of Transportation of the

Commonwealth.

Section 3.  Sale of land.

(a)  Authorization.--Notwithstanding the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929, the

department, in accordance with appropriations and grants of

funds from Federal, State, regional, local or private agencies

and subject to subsection (b), in the exercise of its powers and

duties, may sell at public sale land acquired by the department

if the secretary determines that the land is not needed for

present or future transportation purposes.

(b)  Conditions.--The following apply to a sale under

subsection (a):

(1)  If the land is improved, all of the following

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subparagraphs apply:

(i) (1)  The land must first be offered at its fair

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market value as determined by the department to other public

agencies which demonstrate a public purpose for the land,

including the preservation of open space.

(ii)  If the land is not transferred to a public

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agency, all of the following clauses apply:

(A)  If the land is occupied by a tenant, the

land must be offered to the tenant:

(I)  except as set forth in subclause (II),

at its fair market value as determined by the

department; or

(II)  if the tenant is the person from whom

the department acquired the land, at the

acquisition price, less costs, expenses and

reasonable attorney fees incurred by the person

as a result of the acquisition of the land by the

department.

(B)  If the land is not occupied by a tenant and

the person from whom the department acquired the land

did not receive a replacement housing payment under

26 Pa.C.S. § 903 (relating to replacement housing for

homeowners) or under former section 304.3 of the act

of June 1, 1945 (P.L.1242, No.428), known as the

State Highway Law, the land must first be offered to

that person at the acquisition price, less costs,

expenses and reasonable attorney fees incurred by the

person as a result of the acquisition of the land by

the department.

(2)  If the land is unimproved, all of the following

subparagraphs apply:

(i)  The land must be offered at its fair market

value as determined by the department to other public

agencies which demonstrate a public purpose for the land,

including the preservation of open space.

(ii)  If the land is not transferred to a public

agency, the following apply:

(A)  Except as set forth in clause (B), the land

must be offered to the person from whom it was

acquired at its acquisition price, less costs,

expenses and reasonable attorney fees incurred by the

person as a result of the acquisition of the land by

the department.

(B)  If the land abutting the land to be sold has

been conveyed to another person, the land to be sold

must be offered to that person at its fair market

value as determined by the department.

(3)  For an offer under paragraph (1) or (2), all of the

following apply:

(i)  except as set forth in subparagraph (ii), notice

must be sent by certified mail;

(ii)  if notice cannot be effected under subparagraph

(i), notice must be effected in the manner required for

an in rem proceeding; or

(iii)  the offeree must have 120 days after receipt

of notice to accept the offer in writing.

(2)  The department shall submit for publication in the

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Pennsylvania Bulletin notice that the land is contemplated

for sale, inviting interested public agencies to express

their interest in purchasing the land within 30 calendar days

from the date of publication of the notice.

(c)  Proceeds.--Proceeds from a sale of land acquired with

money from the fund shall be deposited into the fund.

Section 9.  Repeals.

Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate section 3.

(2)  Section 2003(e)(7) of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929,

is repealed.

Section 10.  Effective date.

This act shall take effect in 60 days.