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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CUTLER, DePASQUALE, DENLINGER, BOYD, CLYMER, GEIST, HICKERNELL, HORNAMAN, MILLER, MOUL, PYLE, SWANGER, TOOHIL, TRUITT AND VULAKOVICH, FEBRUARY 29, 2012 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 29, 2012 |
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| AN ACT |
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1 | Amending the act of December 15, 1959 (P.L.1772, No.670), |
2 | entitled "An act providing for the orderly disposition of |
3 | properties situate within political subdivisions and donated, |
4 | or otherwise dedicated or offered for dedication, where no |
5 | formal record appears as to acceptance by the political |
6 | subdivision, as public parks, squares or similar uses and |
7 | public buildings, and no longer necessary or practicable for |
8 | such purposes, and granting orphans' courts jurisdiction with |
9 | respect thereto," further providing for purchase or |
10 | condemnation of property. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 6 of the act of December 15, 1959 |
14 | (P.L.1772, No.670), entitled "An act providing for the orderly |
15 | disposition of properties situate within political subdivisions |
16 | and donated, or otherwise dedicated or offered for dedication, |
17 | where no formal record appears as to acceptance by the political |
18 | subdivision, as public parks, squares or similar uses and public |
19 | buildings, and no longer necessary or practicable for such |
20 | purposes, and granting orphans' courts jurisdiction with respect |
21 | thereto," is amended to read: |
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1 | Section 6. (a) Nothing in this act shall be construed to |
2 | limit or affect the control by a political subdivision of public |
3 | lands or buildings acquired by such political subdivision by |
4 | purchase [or condemnation.] if any of the following apply: |
5 | (1) The instrument of conveyance transferring title to the |
6 | political subdivision is unencumbered by a restriction or |
7 | covenant of record prescribing the lands, buildings or public |
8 | facilities for public use. |
9 | (2) A restriction or covenant prescribing the lands, |
10 | buildings or public facilities for public use which is placed of |
11 | record at, or subsequent to, the time of purchase by the |
12 | political subdivision is duly released or removed as permitted |
13 | by statute. |
14 | (b) This act shall not apply to lands, buildings or public |
15 | facilities acquired by a political subdivision through |
16 | condemnation. |
17 | (c) Notwithstanding section 2, exempt lands, buildings or |
18 | public facilities acquired by a political subdivision through |
19 | purchase or condemnation, if subsequently dedicated to public |
20 | use or not, shall not be deemed to be held by the political |
21 | subdivision in trust for the benefit of the public and may be |
22 | conveyed, sold, alienated or disposed of as permitted under the |
23 | Pennsylvania Code or, in the case of condemnation, 26 Pa.C.S. |
24 | (relating to eminent domain). |
25 | Section 2. This act shall take effect in 60 days. |
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