PRIOR PRINTER'S NO. 3146

PRINTER'S NO.  3495

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2224

Session of

2012

  

  

INTRODUCED BY CUTLER, DePASQUALE, DENLINGER, BOYD, CLYMER, GEIST, HICKERNELL, HORNAMAN, MILLER, MOUL, PYLE, SWANGER, TOOHIL, TRUITT, VULAKOVICH, BRIGGS, CREIGHTON AND MILNE, FEBRUARY 29, 2012

  

  

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 8, 2012   

  

  

  

AN ACT

  

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Amending the act of December 15, 1959 (P.L.1772, No.670),

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entitled "An act providing for the orderly disposition of

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properties situate within political subdivisions and donated,

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or otherwise dedicated or offered for dedication, where no

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formal record appears as to acceptance by the political

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subdivision, as public parks, squares or similar uses and

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public buildings, and no longer necessary or practicable for

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such purposes, and granting orphans' courts jurisdiction with

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respect thereto," further providing for purchase or

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condemnation of property.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 6 of the act of December 15, 1959

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(P.L.1772, No.670), entitled "An act providing for the orderly

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disposition of properties situate within political subdivisions

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and donated, or otherwise dedicated or offered for dedication,

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where no formal record appears as to acceptance by the political

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subdivision, as public parks, squares or similar uses and public

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buildings, and no longer necessary or practicable for such

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purposes, and granting orphans' courts jurisdiction with respect

 


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thereto," is amended to read:

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Section 6.  (a)  Nothing in this act shall be construed to

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limit or affect the control by a political subdivision of public

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lands or buildings acquired by such political subdivision by

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purchase [or condemnation.] if any of the following apply:

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(1)  The instrument of conveyance transferring title to the

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political subdivision is unencumbered by a restriction or

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covenant of record recorded with the county office where deeds

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are recorded prescribing the lands, buildings or public

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facilities for public use.

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(2)  A restriction or covenant prescribing the lands,

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buildings or public facilities for public use which is placed of

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record recorded with the county office where deeds are recorded 

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at, or subsequent to, the time of purchase by the political

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subdivision is duly released or removed as permitted by statute.

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(b)  This act shall not apply to lands, buildings or public

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facilities acquired by a political subdivision through

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condemnation.

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(c)  Notwithstanding section 2, exempt lands, buildings or

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public facilities acquired by a political subdivision through

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purchase or condemnation which are exempt under this section, if

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subsequently dedicated to public use or not, shall not be deemed

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to be held by the political subdivision in trust for the benefit

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of the public and may be conveyed, sold, alienated or disposed

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of as permitted under the Pennsylvania Code by statute or, in

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the case of condemnation, 26 Pa.C.S. (relating to eminent

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domain).

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(d)  As used in this section, purchase shall include any

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transaction in which monetary consideration in any amount was

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paid by the political subdivision.

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Section 2.  This act shall take effect in 60 days 

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immediately.

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